Florida Negligent Security Lawyer

Quick Answer

What Is Negligent Security in Florida

Negligent security is a specific subset of Florida premises liability law. The claim has four elements that the injured victim (the plaintiff) must establish:

• The defendant owned, controlled, or possessed the property where the incident occurred
• The defendant owed a duty of reasonable care to the plaintiff (typically because the plaintiff was a business invitee or tenant)
• The defendant breached that duty by failing to take reasonable security precautions
• That breach was a proximate cause of the plaintiff’s injury

Importantly, Florida negligent security cases require proving that the criminal attack was foreseeable. Mere occurrence of a violent crime is not enough. The plaintiff must show that the property owner knew or should have known about the risk and failed to act reasonably.

The Foreseeability Requirement

Foreseeability is the single most important element in a Florida negligent security case. Florida courts have developed a multi-factor test for evaluating whether a criminal attack was reasonably foreseeable:

• Prior similar crimes on the property — the most powerful evidence. Police reports, calls for service, and crime mapping data can establish a history of similar incidents.
• Crime statistics for the surrounding area — high-crime ZIP codes increase foreseeability for nearby properties.
• Threats or warnings — if tenants or guests previously reported safety concerns to management.
• Inadequate or broken security infrastructure — broken cameras, burned-out lights, missing locks, malfunctioning gates.
• Industry standards — what reasonable similar properties do for security (e.g., a Class A apartment complex is expected to have controlled access).

Adequate Security Measures Under Florida Law

What constitutes “reasonable” security is fact-specific and depends on the type of property, location, history of prior crime, and industry standards. Common security measures evaluated in Florida negligent security cases include:

• Lighting — properly maintained parking lots, walkways, common areas, hallways
• Video surveillance — visible, working cameras with recorded footage retained for industry-standard periods
• Access control — gates, keycards, locked perimeters, secure entry systems
• Security personnel — on-site guards (armed or unarmed), roving patrols, or contracted security companies
• Maintenance — broken locks, broken windows, broken cameras must be repaired promptly
• Vegetation management — overgrown landscaping that conceals attackers must be trimmed
• Communication systems — functional intercoms, emergency call boxes, panic buttons
• Background checks for employees — particularly for those with access to guest rooms or tenant units

Expert testimony from a security professional is typically necessary to establish what reasonable security would have looked like under the circumstances and how the failure caused the attack.

Common Negligent Security Claims

Florida negligent security claims arise from a variety of criminal attacks. Common patterns include:

• Apartment complex shootings or assaults — particularly when prior violence occurred and management failed to add security
• Hotel and motel sexual assaults — including attacks by intruders and by employees with master keys
• Parking lot attacks at gas stations, retail centers, and restaurants — nighttime robberies and assaults
• Bar and nightclub assaults — over-served patrons, inadequate bouncer training, broken cameras
• ATM robberies — particularly at standalone or poorly-lit machines
• Workplace violence — where the employer failed to act on prior threats
• Schools and daycare facilities — abductions, assaults by staff, or attacks by intruders
• Mall and shopping center attacks — particularly during late hours or in remote sections

Property Owner Duties by Property Type

Apartment Complexes and Multi-Family Housing

Landlords owe their tenants a duty of reasonable care to provide secure premises. This typically includes maintaining locks, perimeter fencing, lighting, and security cameras. When prior violent crime has occurred on the property, the duty to act is heightened.

Hotels and Motels

Hotels owe their paying guests an elevated duty to provide reasonable security. Florida courts have repeatedly held that hotels must reasonably anticipate and protect against criminal acts of third parties, particularly in known high-crime areas.

Bars, Restaurants, and Nightclubs

Owners of establishments that serve alcohol have a duty to provide reasonable security against foreseeable intoxicated-patron violence. This often includes adequate staffing, bouncer training, working surveillance, and effective ID-checking protocols.

Gas Stations and Convenience Stores

Particularly those open 24 hours or located in high-crime areas, gas stations have a duty to provide reasonable lighting, surveillance, and (in some cases) security personnel. Robbery and assault patterns are well-documented in this property type.

Retail Centers, Shopping Malls, and Parking Lots

Owners and operators of retail spaces and adjacent parking facilities owe a duty to provide reasonable lighting, surveillance, and access control. Many Florida cases have arisen from poorly-lit or under-monitored parking structures.

Schools, Daycares, and Workplaces

Each carries its own duty of reasonable care for the safety of students, children, and employees against foreseeable criminal acts.

HB 837 and § 768.0701 Affirmative Defenses

Florida HB 837, which took effect March 24, 2023, made significant changes to Florida negligent security law. The reform added Fla. Stat. § 768.0701, which created new affirmative defenses for property owners.

Under the new statute, a property owner may assert as an affirmative defense that:

• The criminal act was committed by a person not under the property owner’s control or supervision
• The criminal act was not reasonably foreseeable
• The property owner exercised reasonable care under the circumstances
• The plaintiff bears comparative responsibility (e.g., engaged in illegal activity at the time)

Comparative Negligence Under Florida Law

HB 837 also changed Florida’s comparative negligence rule from pure to modified comparative negligence. Under the new rule:

• A plaintiff who is found more than 50% at fault for their own injuries recovers nothing
• A plaintiff who is found 50% or less at fault has their recovery reduced by their percentage of fault

In negligent security cases, defendants often argue that the victim:

• Voluntarily entered a known dangerous area
• Engaged in activity that contributed to the assault (e.g., drug use, gang involvement)
• Failed to use available security features (e.g., did not lock the door)
• Provoked or escalated the attacker’s conduct

A Florida negligent security lawyer must develop evidence to counter these comparative negligence arguments and keep the victim’s fault percentage below 51%.

Damages You Can Recover

Florida negligent security plaintiffs may recover compensatory damages for:

• Past and future medical expenses — emergency care, surgery, rehabilitation, psychiatric care, future medical needs
• Lost wages — income lost during recovery
• Lost earning capacity — particularly when permanent injury limits future work
• Pain and suffering — including physical pain and emotional trauma
• Mental anguish, including PTSD treatment costs — common in violent-crime survivors
• Loss of enjoyment of life
• Loss of consortium — for the victim’s spouse

In fatal negligent security cases, the Florida Wrongful Death Act applies.

Punitive damages are sometimes available in Florida negligent security cases where the property owner’s conduct constitutes gross negligence or intentional misconduct — for example, where management actively concealed known dangers from tenants.

The 2-Year Statute of Limitations

Under HB 837, Florida personal injury claims — including negligent security claims — must generally be filed within 2 years from the date of the incident. This is reduced from the previous 4-year window for incidents accruing on or after March 24, 2023.

Wrongful death claims arising from negligent security incidents also have a 2-year window.

Critical practical impact: Florida negligent security cases require extensive pre-suit investigation — pulling police reports, prior crime statistics, security expert review, witness location, and discovery of the property’s security history. Many cases require 4-8 months of pre-suit work before suit can be filed. Victims and families should consult counsel within weeks, not months.

Our $5 Million Negligent Security Track Record

Kaiser Romanello, P.A. has handled Florida negligent security cases across apartment complexes, hotels, parking lots, and commercial properties statewide. Our negligent security trial experience includes the $5 million verdict noted above — obtained against a property owner that failed to provide adequate security measures despite a history of violent crime on the premises.

However, every negligent security case is fact-specific. Foreseeability evidence, security expert testimony, prior-crime documentation, and counter-evidence to HB 837 affirmative defenses all determine outcomes.

What to Do If You Were a Victim

This page does not provide legal advice for any specific case. The following is general Florida-law information for negligent security victims and their families:

• Get medical care first. Physical and psychological treatment establishes a record of injuries and supports later damages claims.
• Preserve evidence at the scene. Photograph the location, broken security infrastructure, lighting conditions, and any visible damage. Note the names of witnesses.
• Get a copy of the police report. The crime report is foundational evidence. Florida public records law generally allows victims to obtain copies after the immediate investigation closes.
• Do not give recorded statements to the property owner’s insurance company. Statements made early can be used against you in unexpected ways.
• Document everything in writing. Maintain medical records, therapy notes, missed work documentation, and any communications from the property owner or their insurer.
• Consult a Florida negligent security attorney early. The 2-year HB 837 deadline, the need for prior-crime evidence preservation, and the complexity of foreseeability analysis all argue for prompt professional involvement.

Frequently Asked Questions