When a Property Owner’s Lack of Security Leads to a Crime

Being the victim of a crime is traumatic enough on its own. It becomes even more frustrating to learn that the attack might have been prevented if the property where it happened had reasonable security in place. Florida law recognizes that property owners sometimes bear legal responsibility for crimes committed by third parties, a concept known as negligent security.

The Legal Standard Property Owners Must Meet

Negligent security claims are a category of premises liability law. They are not about accusing a property owner of committing a crime directly. Instead, they focus on whether the owner failed to take reasonable steps to protect people who were lawfully on the property from a foreseeable criminal act. Courts generally look at whether similar crimes had happened before on the property or in the surrounding area, since a documented history of crime can put an owner on notice that additional precautions were needed.

Common examples of inadequate security include broken gates or door locks left unrepaired for months, parking lots and stairwells with burned-out lighting, missing or nonfunctional security cameras, and a lack of security personnel at properties with a known history of violent incidents. Apartment complexes, hotels, shopping centers, nightclubs, and parking garages are among the most frequent settings for these claims.

A 2023 Law Changed the Rules for Apartment Communities

In 2023, Florida lawmakers enacted Florida Statute 768.0706, which created a specific framework for multifamily residential properties such as apartment complexes and condominiums. Under this statute, an owner or operator that substantially implements a defined set of security measures, including adequate lighting in common areas, functioning locks, and certain camera and access control features, receives a presumption against liability for crimes committed by third parties on the property. This makes it especially important for anyone injured at an apartment complex to have their case reviewed carefully, since whether the property actually met the statutory requirements can significantly affect the claim.

Establishing Fault and Pursuing Compensation

To succeed in a negligent security case, an injured person generally must show that the property owner owed a duty of care, that the owner breached that duty by failing to provide reasonable security, that the criminal act was foreseeable, and that the failure to provide adequate security directly led to the injury. Evidence such as police call logs for the property, prior incident reports, maintenance records, and witness statements often plays a central role in proving these claims.

Victims of negligent security incidents may be entitled to compensation for medical expenses, lost income, pain and suffering, and other losses tied to the attack. Because these cases require detailed investigation into a property’s history and security practices, working with a knowledgeable Miami premises liability attorney early in the process can make a meaningful difference.

If you were injured because a property owner failed to provide reasonable security, we want to help. At The Pendas Law Firm, we dig into the history of the property, gather the evidence needed to prove foreseeability, and fight to hold negligent owners accountable. Reach out to us today for a free case evaluation at any of our locations in Orlando, West Palm Beach, Ocala, Tampa, Bradenton, Fort Lauderdale, Miami, Jacksonville, Fort Myers, or Daytona Beach.

Source:

flsenate.gov/Laws/Statutes/2024/0768.0706