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Holding Property Owners Accountable for Foreseeable Harm
Protecting Victims of Preventable Crimes Across Florida
When property owners cut corners on security, the consequences can be catastrophic. Whether it is a shooting in a dimly lit parking lot, an assault at an apartment complex, or a robbery at a gas station, negligent security places lives at risk. At Clark, Fountain, Littky-Rubin & Whitman, we represent victims across Florida who have been harmed by preventable crimes caused by inadequate security. Our mission is simple. We hold property owners accountable and pursue the compensation our clients deserve so they can rebuild with safety, dignity, and financial stability. Free Consultation. Call 561-899-2100 or contact us online.
What Is Negligent Security?
Negligent security is a civil claim under Florida premises liability law. It arises when a landlord, business, hotel, or other property owner fails to implement reasonable safety measures to protect tenants, guests, customers, or visitors from foreseeable criminal acts. When that failure leads to injury or death, the victim or surviving family can bring a lawsuit for damages.
These cases do not aim at the criminal who committed the act. They focus on the property owner, manager, or security company that ignored warning signs, failed to act on known dangers, or refused to invest in adequate protection. Examples include landlords who ignore prior assaults, businesses that leave broken lighting unrepaired, or hotels that fail to qualify security staff.
Who may be liable: owners, management companies, security contractors, event promoters, retailers, hotel brands, franchisors, and commercial landlords. Liability depends on control over the premises and the ability to implement safety measures.
The Four Pillars of a Florida Negligent Security Claim
To succeed, a Florida negligent security case must establish four legal elements:
- Duty of Care
The property owner owed a legal duty to provide reasonable security under the circumstances. Reasonableness depends on location, prior incidents, and the type of business or activity taking place. - Breach of Duty
That duty was breached through inadequate, missing, or careless security measures. Breach can be proven through maintenance records, security logs, training files, and expert analysis of industry standards. - Foreseeability and Causation
The criminal act was reasonably foreseeable, and the breach contributed directly to the harm. Courts look closely at what risks were known or should have been known. - Damages
The victim suffered physical injuries, financial losses, or emotional trauma as a result. Damages can include medical expenses, lost income, pain and suffering, and more.
The Role of Foreseeability in Florida Law
Foreseeability is often the most contested issue. Courts ask a practical question. Should the property owner have anticipated that a crime might occur in this place, at this time, given what was known?
Factors that support foreseeability:
- Prior similar incidents on the property and in the surrounding area
- The nature of the business or venue and the behavior it attracts
- Crime statistics and calls for service in the neighborhood
- Police reports, incident logs, and prior security complaints
- Previous notices to management or corporate about hazards
When foreseeability is established, the owner cannot claim surprise. Reasonable steps were required and were not taken.
Common Locations for Negligent Security Lawsuits
- Apartment buildings and rental complexes
- Hotels, motels, and resorts
- Bars, lounges, and nightclubs
- Gas stations and convenience stores
- Parking lots and parking garages
- Shopping centers and strip malls
- College dorms and student housing
- Office buildings and commercial properties
- Amusement parks, sports venues, and transit hubs
Different properties face different risks. Owners must tailor security to known hazards, rather than relying on generic or outdated measures.
Examples of Inadequate Security
Poor security shows up in many ways. Frequent failures include:
- Broken or missing locks and gates
- Burnt out or insufficient lighting
- Missing or nonfunctional cameras
- Unsecured entry points and defective access control
- Poorly trained or unvetted guards
- Ignoring prior reports of threats, violence, or criminal activity
- Lack of incident reporting and response protocols
- Failure to warn residents and patrons after serious incidents
A thorough security audit often exposes multiple points of failure that together created an unacceptable risk.
Crimes Frequently Associated with Negligent Security
Negligent security can be linked to a wide range of violent and non-violent crimes, including assault, battery, sexual assault, armed robbery, shootings, stabbings, carjackings, kidnappings, physical fights, burglary, theft that leads to injury, homicide, trespass incidents that result in harm, drunk driving on private property, and domestic violence on business or rental premises.
High density areas and nightlife districts in Miami, Orlando, Tampa, Jacksonville, Fort Lauderdale, and West Palm Beach tend to see more property based violent crime. Property owners in these locations are under heightened pressure to implement security that matches local risks.
Florida Tort Reform: HB 837 and Its Impact
In 2023, Florida enacted House Bill 837, which reshaped several aspects of civil litigation and directly affects negligent security cases.
Key changes that matter to victims:
- Two year statute of limitations for most negligence claims.
- Modified comparative negligence with a 51 percent bar. If a victim is more than 50 percent at fault, recovery is barred.
- Premises liability provisions that affect how fault is allocated when a third party criminal is involved.
- Presumption of non-liability for certain multifamily residential owners who implement and certify specified safety measures, such as proper lighting, security cameras at entrances and exits, and crime deterrence policies.
These changes make early investigation and strategic case framing more important than ever.
Comparative Fault Under HB 837
Defendants will often argue that the victim bears responsibility. Common defense narratives include trespassing, ignoring posted warnings, impairment by drugs or alcohol, choosing to walk alone in a known hot spot, or instigating a confrontation. Under the modified comparative negligence rule, any percentage of fault assigned to the victim reduces compensation, and a finding above 50 percent eliminates recovery.
Our team anticipates these tactics. We develop evidence that centers the property owner’s failures, connects those failures to the crime, and rebuts attempts to shift blame away from the negligent security.
Statute of Limitations: Act Within Two Years
Victims must file their claims within two years of the incident. Wrongful death claims are also subject to a two year limit. Delay can be devastating. Surveillance footage can be overwritten, key maintenance records can be lost, and witnesses can move or forget. Quick action protects your rights and preserves critical proof.
Proving Negligence: The Evidence You Need
Strong negligent security cases are built on rigorous evidence development. We work with field investigators, crime analysts, and security experts to gather and preserve:
- Police and 911 reports
- Surveillance footage and access control logs
- Prior incident logs and crime grid data
- Property maintenance and lighting records
- Guard schedules, patrol routes, and post orders
- Staffing and training files for security providers
- Lease agreements, vendor contracts, and policies
- Eyewitness statements and neighborhood canvasses
- Expert site inspections conducted under litigation hold
The right records tell the full story of what management knew, what they should have known, and what they failed to do.
Recoverable Damages in Negligent Security Cases
Florida law allows victims to pursue comprehensive compensation, including:
Economic damages
- Emergency care, hospitalization, and surgery
- Physical therapy, rehabilitation, and mental health treatment
- Long term medical needs and future care
- Lost wages and diminished earning capacity
- Transportation, relocation, and household assistance
- Security related changes, such as safer housing
Non-economic damages
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Loss of companionship and consortium
Wrongful death damages
- Funeral and burial costs
- Loss of support and services
- Loss of parental guidance and companionship
Punitive damages in the most egregious cases where reckless disregard for safety can be proven.
We partner with treating physicians, forensic economists, and clinical experts to document the full scope of injury and future need.
Common Legal Defenses Raised by Property Owners
- The crime was not foreseeable
- Adequate security was in place
- There were no prior similar incidents
- The victim was trespassing or engaged in unlawful conduct
- The victim was impaired or ignored warnings
- Immunities or presumptions under HB 837 apply
We counter with crime pattern analysis, standards based expert testimony, detailed maintenance and staffing records, and precise timelines that link the breach to the harm.
The Role of Expert Witnesses in Negligent Security Cases
Negligent security litigation is expert driven. Our teams often include:
- Security consultants to evaluate lighting, camera coverage, access control, and guard performance against recognized standards
- Crime data analysts to assess foreseeability using local calls for service and incident reports
- Human factors experts to address visibility, sightlines, and wayfinding
- Property management experts to explain operational failures and policy gaps
- Medical and psychological experts to prove injury, causation, and trauma
- Economists and life care planners to quantify lifetime costs
Experts help judges and juries understand complex security decisions and their real world consequences.
Steps to Take After a Crime Occurs
- Get immediate medical care and follow treatment plans
- Call the police, file a detailed report, and request the report number
- Photograph the scene, lighting conditions, and visible injuries
- Identify witnesses and save names, numbers, and statements
- Avoid recorded statements with insurers or corporate investigators
- Contact a Florida negligent security lawyer before signing anything
Taking these steps creates a strong foundation for investigation and preserves critical proof.
Case Types and Real-World Scenarios
- Apartment complex shooting in a known hot spot with broken gates and no entry controls
- Parking garage assault where multiple lights were out and cameras were not recording
- Hotel corridor sexual assault after prior incidents and poor key control
- Gas station robbery with no attendant on duty and no exterior lighting
- Nightclub stabbing with inadequate staffing, no bag checks, and prior fights ignored
- Retail center carjacking near a side lot with obstructed sightlines and no patrols
These examples align with searchers looking for specific help, including apartment complex shooting lawyer Florida, parking garage assault lawyer Florida, inadequate security at Florida hotel lawyer, and convenience store shooting attorney Florida.
How an Experienced Florida Negligent Security Lawyer Can Help
Investigation and evidence preservation
We send litigation hold letters, secure video, photograph lighting and camera coverage, and obtain police calls for service. We interview witnesses and coordinate expert inspections.
Early case framing
We define the foreseeability story using crime data and prior incidents. We identify responsible parties and insurance layers, including property owners, managers, and security vendors.
Negotiation and litigation
We prepare comprehensive demand packages with expert opinions and damages substantiation. If a fair settlement is not offered, we file suit, conduct discovery, take depositions, and prepare for trial.
Trial readiness
Jurors expect clarity. We use demonstratives, timelines, lighting studies, and coverage maps to show where security failed and how that failure led to the crime.
Florida Negligent Security Laws and HB 837: What You Need to Know
- Comparative negligence can reduce or bar recovery if the defense convinces a jury to assign fault to the victim. Careful case strategy keeps the focus on the owner’s failures.
- Fault allocation in criminal acts now considers the role of the intentional wrongdoer, along with the premises owner and the victim. Experienced counsel is crucial to navigate these allocations.
- Certified safety programs for multifamily housing may create presumptions that owners will try to invoke. We test compliance in detail and challenge whether measures were implemented, maintained, and effective.
We Handle Cases in Florida and the United States
We represent victims statewide, including Miami, Orlando, Tampa, Jacksonville, Fort Lauderdale, West Palm Beach, Palm Beach Gardens, Fort Myers, Naples, Sarasota, Gainesville, Tallahassee, St. Petersburg, Daytona Beach, Pensacola, and the Keys. If you searched for Florida negligent security lawyer near me, our team is ready to help wherever the crime occurred.
Community Safety Impact
Negligent security cases do more than compensate victims. They drive change. Owners upgrade lighting, fix gates, add cameras, and adopt better training. Safer properties protect neighbors, reduce repeat crime, and support local business. Civil justice creates public safety wins.
Past Case Results and Client Testimonials
Selected results
- 5.2 million recovered for a nightclub shooting where prior violent incidents were ignored
- 3.1 million for a client assaulted in an apartment stairwell with broken locks and no cameras
Client voices
“Clark Fountain treated our family with care and strength. They proved the building had known about repeated assaults yet failed to act. The result gave us resources to heal and a safer property for others.”
Results vary by facts and law. Prior outcomes do not guarantee future success. We are proud of the work and the safety improvements our cases have helped achieve.
Dealing With Insurance in Negligent Security Claims
Insurance carriers often undervalue these cases by denying foreseeability, blaming the victim, or minimizing trauma. We counter by:
- Presenting crime trend analysis and prior incident histories
- Mapping lighting failures and camera coverage gaps
- Using forensic timelines to connect missed opportunities to the moment of harm
- Substantiating damages with life care plans and psychological evaluations
If an insurer acts in bad faith, we evaluate additional remedies available under Florida law.
Related Practice Areas and Search Paths
Victims and families often explore connected topics. We build authority across clusters for searchers who need:
- Florida wrongful death negligent security lawsuit
- Florida hotel room assault lawyer
- Negligent security at Florida nightclub
- Strip mall shooting lawyer Florida
- Florida landlord negligence lawsuit
- Premises liability for criminal acts Florida
Strategic interlinking between negligent security, premises liability, wrongful death, apartment injuries, and security guard negligence strengthens topical depth and supports rankings for competitive queries.
Our Legal Process
What to expect
- Free case review and strategy session
- Immediate evidence preservation and site inspection where appropriate
- Ongoing updates at each stage, from demand to trial
- Collaboration with top security and medical experts
No fee unless we win
We represent clients on a contingency fee basis. You pay no attorney fee unless we recover compensation for you. Case costs are advanced by our firm and reimbursed from the recovery. All terms are reviewed with you in writing.
Speak With a Florida Negligent Security Attorney Today
If you or someone you love was injured because of inadequate security, we are ready to help. Call 561-899-2100 or contact us online for a free and confidential consultation. The sooner we can begin preserving evidence, the stronger your case will be.
Significant Case Results
FAQs
Florida Negligent Security Lawyer FAQ
What qualifies as negligent security under Florida premises liability law?
Negligent security arises when a property owner fails to use reasonable safety measures to protect lawful visitors from foreseeable criminal acts. Liability focuses on preventable risks and lapses such as poor lighting, nonfunctioning cameras, broken locks, unsecured entrances, and inadequate guard staffing or training.
Who can be held legally responsible in a negligent security case?
Potential defendants include property owners, management companies, security contractors, franchisors, commercial tenants, and event promoters. Responsibility depends on who controlled the premises and had the ability to implement and maintain reasonable security measures.
How does Florida law define “foreseeable” crime on private property?
Foreseeability looks at what a reasonable owner should anticipate based on prior similar incidents, local crime data, the type of business, police calls, and complaints. If the risk was known or should have been known, owners are expected to plan for it.
What evidence is critical for proving negligent security after an attack?
Key evidence includes surveillance footage, access logs, maintenance and lighting records, incident reports, prior crime data, guard schedules and post orders, training files, leases and vendor contracts, and witness statements. Rapid preservation through legal hold letters is essential.
What kinds of properties are most often involved in negligent security litigation?
Apartment complexes, hotels and resorts, parking lots and garages, gas stations, convenience stores, bars and nightclubs, shopping centers, student housing, office buildings, and entertainment venues. Each setting carries unique, known risks that shape what security is reasonable.
Which types of criminal acts most commonly support negligent security lawsuits?
Assault, sexual assault, robbery, shootings, stabbings, carjackings, and kidnappings are frequent. Burglary or theft can also support claims when the property’s deficiencies contribute to injury.
Are landlords or property managers liable for crimes in common areas like parking lots?
Yes, if they control and maintain the common areas and fail to provide reasonable security based on known risks. Lighting quality, camera coverage, and access control are frequent issues in parking areas.
How does Florida’s 2023 HB 837 tort reform impact negligent security claims?
HB 837 shortened most negligence filing deadlines to two years, adopted a modified comparative negligence standard with a 51 percent bar, and added provisions affecting premises claims that involve criminal acts. It also provides a presumption of non-liability for multifamily owners who implement specified, certified security measures.
What is the current statute of limitations for negligent security and wrongful death cases in Florida?
Most negligent security and wrongful death actions must be filed within two years of the incident. Limited exceptions may apply, so victims should seek counsel immediately.
How does modified comparative negligence affect victim recovery in these cases?
A victim’s compensation is reduced by their percentage of fault. If a jury assigns more than 50 percent fault to the victim, recovery is barred under the current standard.
Can a property owner avoid liability by posting warning signs or disclaimers?
Warning signs help inform visitors but do not replace reasonable security. Owners cannot contract away their duty to act with reasonable care when crime is foreseeable.
What are “industry standards” for security and how do they affect a claim?
Industry standards describe accepted practices for lighting levels, camera placement, access control, guard staffing, and incident response. Experts compare a property’s measures to these standards to show whether the owner met or breached duty.
What role does a security expert play at trial?
Security experts analyze site conditions, records, and crime patterns, then explain to a jury which measures were reasonable and which failures increased risk. Their opinions connect foreseeability and breach to the attack.
How can past incident reports and local crime data support a case?
They establish foreseeability by showing patterns of similar crime on the property or nearby. This data helps prove the owner knew or should have known about the danger and should have adjusted security.
What is the process for preserving surveillance footage and electronic evidence?
Counsel issues litigation hold letters to prevent deletion, sends targeted requests for video, access logs, alarms, and maintenance tickets, and may seek court orders where needed. Early action is vital because many systems overwrite within days or weeks.
Are there presumptions of non-liability for multifamily residential owners in Florida?
Yes. HB 837 creates a presumption for multifamily owners who implement specified measures such as proper lighting at entrances, video surveillance, and crime deterrence policies. Plaintiffs can rebut the presumption by proving noncompliance or inadequacy in practice.
What counts as a “reasonable security measure” for apartment complexes or hotels?
Examples include working locks and gates, adequate lighting, functioning cameras that are monitored or retained, trained staff or guards where warranted, key control, visitor management, and prompt response to prior incidents. Reasonableness scales with risk.
What legal defenses do property owners often raise in response to these suits?
Common defenses include lack of foreseeability, adequate security, no prior similar incidents, victim trespass or intoxication, and reliance on HB 837 presumptions. Owners may also challenge causation, arguing the crime would have occurred regardless.
Can negligent security claims involve both violent and non-violent crimes?
Yes. Violent crimes are common, but non-violent events like theft or burglary can support claims if security lapses lead to injury or create a hazardous escape scenario.
When does inadequate lighting support a negligent security claim?
When poor or missing lighting reduces visibility in known hot spots such as entrances, stairwells, corridors, and parking areas, and crime is foreseeable. Lighting studies and photographs help demonstrate the hazard.
What damages can victims seek, beyond medical bills and lost wages?
Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In appropriate cases, loss of consortium for spouses or family members, and wrongful death damages for survivors.
How does punitive damages eligibility work in egregious negligent security cases?
Punitive damages require clear and convincing evidence of intentional misconduct or gross negligence. They are reserved for extreme cases such as repeated serious incidents ignored by ownership or systemic indifference to known violent crime.
Do victims need to prove they were lawfully present at the property?
Lawful presence strengthens the claim, but each case is fact specific. Even where status is disputed, liability can still exist if the owner’s conduct created unreasonable risks and the visitor’s presence was reasonably anticipated.
Are property owners ever liable if a crime has never occurred there before?
Yes, if other indicators make crime foreseeable, such as similar incidents in the immediate area, the nature of the venue, or complaints that put management on notice. Prior on-site crime is persuasive but not the only path to foreseeability.
How does a lawyer calculate the full value of non-economic and future damages?
Attorneys work with medical experts, psychologists, economists, and life care planners to project lifelong treatment, therapy, and needs. They also document daily limitations, trauma, and long-term impact to support non-economic losses.
What steps should victims take immediately after a suspected negligent security incident?
Seek medical care, call police, obtain the report number, photograph lighting and the scene, identify witnesses, preserve clothing or physical evidence, and avoid recorded statements with insurers. Contact counsel quickly to protect surveillance and logs.
Why is prompt legal consultation crucial in these cases?
Evidence can vanish within days. Early counsel can send hold letters, secure video, canvass for witnesses, and inspect the property before conditions change. Timing often determines what proof survives.
How do courts handle incidents involving third-party criminal acts?
Florida courts evaluate foreseeability and the owner’s duty to implement reasonable measures despite the third party’s criminal conduct. The criminal’s role, the owner’s role, and any victim negligence are each considered in allocating fault.
Can tenants bring claims if harmed by criminal activity at their apartment complex?
Yes. Tenants and their guests can pursue claims where management failed to provide reasonable security for common areas or known hazards, such as broken gates, prior assaults, or poor lighting.
In what ways do negligent security lawsuits promote community safety?
Successful cases push owners to improve lighting, fix access control, add cameras, and adopt better training and response protocols. Upgrades reduce repeat crime, protect residents and visitors, and raise safety standards across neighborhoods.
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