Florida Negligent Security Lawyer

Written by Lorne Adam Kaiser, Esq. (Fla. Bar No. 0568491)  ·  Reviewed by Steve Romanello, Esq.  ·  Serving All of Florida  ·  Updated September 2026

Quick Answer

A Florida negligent security claim arises when a property owner fails to provide reasonable security and, as a foreseeable result, a third party commits a violent crime against a visitor. Most claims involve apartment complexes, hotels, motels, parking lots, gas stations, bars, and ATMs.

Florida law changed significantly in 2023. HB 837 and the new Fla. Stat. §768.0701 gave property owners new affirmative defenses — but they did NOT eliminate negligent security claims. A 2-year statute of limitations applies, so a Florida negligent security lawyer should be consulted within weeks of the incident.

What Is Negligent Security in Florida

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

• 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.

Florida negligent security cases also require proving that the criminal attack was foreseeable. The 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 weigh several factors when deciding 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 — when tenants or guests previously reported safety concerns to management.
• Inadequate or broken security infrastructure — broken cameras, burned-out lights, missing locks, or malfunctioning gates.
• Industry standards — what reasonable similar properties do for security. A Class A apartment complex, for example, is expected to have controlled access.

Adequate Security Measures Under Florida Law

What counts as "reasonable" security is fact-specific. It depends on the property type, the location, the history of prior crime, and industry standards. Security measures commonly evaluated in Florida negligent security cases include:

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

Common Negligent Security Claims

Florida negligent security claims arise from many kinds of criminal attacks. Common patterns include:

• Apartment complex shootings or assaults — especially 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 — often nighttime robberies and assaults.
• Bar and nightclub assaults — over-served patrons, inadequate bouncer training, or 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 tenants a duty of reasonable care to provide secure premises. That 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 paying guests an elevated duty to provide reasonable security. Florida courts have repeatedly held that hotels must reasonably anticipate and protect against criminal acts by third parties, particularly in known high-crime areas.

Bars, Restaurants, and Nightclubs

Establishments that serve alcohol have a duty to provide reasonable security against foreseeable intoxicated-patron violence. That often means adequate staffing, bouncer training, working surveillance, and effective ID-checking protocols.

Gas Stations and Convenience Stores

Gas stations — especially those open 24 hours or in high-crime areas — have a duty to provide reasonable lighting, surveillance, and, in some cases, security personnel. Robbery and assault patterns are well documented for 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 arise 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, effective March 24, 2023, made significant changes to Florida negligent security law. It added Fla. Stat. §768.0701, which created new affirmative defenses for property owners.

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

• The criminal act was committed by a person not under the owner's control or supervision.
• The criminal act was not reasonably foreseeable.
• The owner exercised reasonable care under the circumstances.
• The plaintiff bears comparative responsibility — for example, by engaging in illegal activity at the time.

Comparative Negligence Under Florida Law

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

• A plaintiff found more than 50% at fault for their own injuries recovers nothing.
• A plaintiff 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, such as drug use or gang involvement.
• Failed to use available security features, such as not locking the door.
• Provoked or escalated the attacker's conduct.

A Florida negligent security lawyer must develop evidence to counter these 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, and 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 where the 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 of the incident. That is down from the previous 4-year window for incidents accruing on or after March 24, 2023. Wrongful death claims arising from negligent security also have a 2-year window.

The practical impact is significant. These cases require extensive pre-suit investigation: pulling police reports, gathering prior-crime statistics, obtaining security-expert review, locating witnesses, and discovering the property's security history. Many cases need 4–8 months of pre-suit work before a lawsuit can be filed. Victims and families should consult counsel within weeks, not months.

Our $5 Million Negligent Security Track Record

$5,000,000 — Negligent Security Verdict. A property owner was held liable for failing to provide adequate security measures despite a history of violent crime on the premises.

Kaiser Romanello, P.A. has handled Florida negligent security cases involving apartment complexes, hotels, parking lots, and commercial properties statewide. Outcomes are always fact-specific: foreseeability evidence, security-expert testimony, prior-crime documentation, and counter-evidence to the HB 837 affirmative defenses all shape the result.

Prior results do not guarantee, warrant, or predict a similar outcome. Each case is unique. This figure represents a select result and is not a guarantee of any specific recovery.

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, and lighting conditions, and note the names of witnesses.
• Get a copy of the police report. The crime report is foundational evidence. Florida public-records law generally lets victims obtain copies once the immediate investigation closes.
• Do not give recorded statements to the property owner's insurance company. Early statements can be used against you in unexpected ways.
• Document everything in writing. Keep medical records, therapy notes, missed-work documentation, and any communications from the owner or insurer.
• Consult a Florida negligent security attorney early. The 2-year deadline, the need to preserve prior-crime evidence, and the complexity of foreseeability analysis all argue for prompt professional involvement.

Frequently Asked Questions

What is negligent security under Florida law?
Negligent security is a Florida premises liability claim that arises when a property owner fails to provide reasonable security against foreseeable criminal acts by third parties, and a visitor is injured by such a crime. Common settings include apartment complexes, hotels, motels, parking lots, gas stations, bars, and ATMs.

Can I sue a hotel or apartment complex after I was assaulted?
Possibly. Florida law lets victims of foreseeable criminal attacks bring a negligent security claim against owners who failed to provide reasonable security. Key factors include whether the attack was foreseeable based on prior crimes, whether reasonable security would have prevented it, and what defenses the owner can raise under Fla. Stat. §768.0701.

How does HB 837 affect negligent security claims?
HB 837 added Fla. Stat. §768.0701, creating new affirmative defenses for property owners. It did not eliminate these claims but raised the bar for plaintiffs. Cases now require more specific evidence of foreseeability and of the owner's failure to exercise reasonable care. HB 837 also shortened the statute of limitations to 2 years and changed comparative negligence to a 51% modified rule.

What evidence is needed to prove a negligent security case?
The most important evidence is usually prior-crime data on or near the property, which establishes foreseeability. Other key evidence includes police reports, surveillance footage (or proof it was missing or non-functional), expert security testimony on industry standards, witness statements, the owner's security policies and training records, and documentation of any warnings the owner received.

How long do I have to file a negligent security lawsuit in Florida?
Generally 2 years from the date of the incident, under HB 837 (effective March 24, 2023). Wrongful death claims arising from negligent security also have a 2-year window. Because pre-suit investigation often takes 4–8 months, victims should consult counsel within weeks of the incident.

What damages can I recover in a Florida negligent security case?
Recoverable compensatory damages include past and future medical expenses, lost wages, lost earning capacity, pain and suffering, mental anguish (including PTSD treatment costs), loss of enjoyment of life, and loss of consortium for spouses. In cases involving gross negligence or intentional misconduct, punitive damages may also be available. In fatal cases, the Florida Wrongful Death Act applies.

Who can be held liable in a negligent security case?
Potentially liable parties include the property owner, the property management company, a hired security firm, and sometimes the parent corporation of a chain or franchise. Multi-defendant analysis is common because property control is often divided across several entities. Identifying every responsible party maximizes the insurance coverage available to the victim.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Information on this page is for general educational purposes and is not legal advice. Past results do not guarantee, warrant, or predict future outcomes. Reading this page does not create an attorney-client relationship. Kaiser Romanello, P.A., 11555 Heron Bay Boulevard, Suite 200, Parkland, FL 33076.