When someone is assaulted, robbed or shot on another person’s property, the criminal is rarely the only one responsible. Apartment complexes with broken gates and burned-out lighting, bars that ignore fights, hotels with unmonitored parking garages, and shopping centers that cut security despite a string of prior incidents all create the conditions that let violent crime happen. Florida law allows the victim to hold the property owner or operator accountable when the crime was foreseeable and reasonable security would have prevented it. I’m Eric J. Goldman, and I represent victims of negligent security in Fort Lauderdale, Broward County and throughout South Florida.
These cases changed in 2023 when the Legislature passed House Bill 837, and they now require a lawyer who understands both the old foreseeability law and the new statutory framework. Call (954) 536-7557 for a free consultation.
Where Negligent Security Claims Arise
- Apartment complexes and condominiums with inoperable access gates, missing or broken locks, poor lighting, no security patrols and a history of break-ins or assaults that management knew about.
- Bars, nightclubs and restaurants that overserve, fail to control crowds, allow known troublemakers to stay, or have no trained staff to intervene when a fight starts.
- Hotels and motels with unsecured room access, unmonitored hallways, and parking areas where guests are robbed.
- Parking lots and garages at shopping centers, office buildings, hospitals and event venues, where dim lighting and no surveillance invite carjackings and robberies.
- Gas stations, convenience stores and ATMs in areas with a documented crime pattern.
- Schools, daycares and assisted living facilities that fail to screen staff or control who enters.
Foreseeability Under Florida Law
A property owner is not an insurer of a visitor’s safety, and not every crime supports a claim. The question is whether the crime was foreseeable and whether the owner took reasonable steps in light of that risk. Florida courts look at prior similar crimes on the property and in the immediate area, police calls for service, complaints from tenants and guests, the nature of the business, and the security measures the owner actually had in place compared with what was reasonable. An apartment complex that received a dozen reports of break-ins and left the front gate broken for six months is in a very different position from a business in a quiet area with no history of crime.
Building that proof means obtaining police records, calls-for-service data from the Fort Lauderdale Police Department or the Broward Sheriff’s Office, prior incident reports, maintenance and work-order records, security contracts and staffing schedules, and testimony from tenants, employees and former security personnel. Much of it is only available through litigation, which is one reason these cases are filed rather than settled from a demand letter.
How HB 837 Changed Negligent Security Cases
House Bill 837, effective March 24, 2023, made several changes that directly affect negligent security claims:
- Fault of the criminal is now on the verdict form. Under Section 768.0701, the jury in a negligent security case must consider the fault of every person who contributed to the injury, including the person who committed the crime. Defendants argue that the attacker bears most of the fault; the plaintiff’s job is to prove that the owner’s failures were a substantial cause of the harm.
- A presumption against liability for multifamily properties. Section 768.0706 gives owners and operators of apartment complexes and similar multifamily residential property a presumption against liability if they have implemented a specific list of security measures, including security cameras at entrances and exits, adequate lighting in parking lots and common areas, a one-inch deadbolt on every unit door, locking devices on windows and sliding doors, locked pool fence gates, peepholes or door viewers, and a crime prevention through environmental design assessment by a qualified professional, along with staff training. Proving that one or more of those measures was missing or not functioning defeats the presumption.
- Modified comparative negligence. A plaintiff found more than 50 percent at fault recovers nothing under Section 768.81(6).
- A two-year statute of limitations. Negligence claims arising after the effective date must be filed within two years under Section 95.11, down from four.
- New rules on medical damages evidence that limit what a jury hears about medical bills to amounts actually paid or, for unpaid bills, reasonable amounts tied to insurance or Medicare rates.
These changes reward early investigation. Whether the complex had working cameras and gates, whether the lights were on, and whether the required assessment and training were done are facts that must be locked down before the owner repairs the problem.
Damages in a Negligent Security Case
Victims of violent crime typically face medical bills, surgery and rehabilitation, lost income, and psychological injuries such as post-traumatic stress that may outlast the physical wounds. Florida law allows recovery of past and future medical expenses, lost wages and earning capacity, pain and suffering, mental anguish and loss of enjoyment of life, and, where a death results, wrongful death damages for the survivors. The property owner’s insurance policy, rather than the criminal’s non-existent assets, is generally the source of recovery. Where the crime involved alcohol service, Florida’s dram shop statute, Section 768.125, may provide an additional claim against a bar that knowingly served a habitual drunkard or a minor.
Related Practice Areas
Negligent security is a specific kind of premises liability claim, and it draws on the same duty-of-care principles that govern all negligence claims in Florida. I handle these cases for people injured throughout Broward County, Miami-Dade and Palm Beach County.
Frequently Asked Questions
Can I sue an apartment complex after being assaulted there?
Yes, if the assault was foreseeable and the complex failed to provide reasonable security. Since 2023, multifamily owners who have implemented the statutory security measures in Section 768.0706 receive a presumption against liability, so the case often turns on proving which of those measures were missing or not working at the time.
What if the attacker was never caught?
The claim against the property owner does not depend on the criminal being identified or convicted. The jury will still be asked to assign a share of fault to the unknown attacker, which is why proving the owner’s specific failures matters so much.
How long do I have to file?
Two years from the date of the crime for most claims arising after March 24, 2023. Claims against a public entity, such as a county-owned parking garage or a public housing authority, require presuit notice and follow separate deadlines.
Does the property owner’s insurance cover intentional crimes?
The claim is for the owner’s negligence, not the criminal’s intentional act, and commercial general liability policies generally cover it, although some policies carry assault-and-battery exclusions or sublimits that must be reviewed early.
Talk to a Fort Lauderdale Negligent Security Attorney
If you or a family member were assaulted, robbed or otherwise harmed by a crime that better security would have prevented, call (954) 536-7557 or use the contact page. The consultation is free, and there is no fee unless there is a recovery.