A broken security gate at your apartment complex. A parking garage where half the lights have been burned out for months. A hotel lobby where anyone walks in unchecked at any hour of the night.
These are not minor inconveniences. They are failures that leave people vulnerable to violent crime, and under Florida law, the property owner who ignored those failures may bear legal responsibility for what happened to you.
Negligent security claims fall under Florida's premises liability framework, and they hold property owners accountable when their lack of reasonable safety measures contributes to a crime on their property. If you were assaulted, robbed, or attacked at an apartment complex, hotel, nightclub, or parking lot, a premises liability lawyer in Fort Lauderdale may be able to help you pursue a claim for the harm you suffered.
Contact Miller & Jacobs Accident Attorneys for a free consultation to discuss the details of your situation.
Key Takeaways on Negligent Security Claims in Florida
- Florida property owners, including those in Fort Lauderdale, must provide reasonable security when criminal activity is foreseeable.
- Negligent security claims differ from slip and fall cases because they involve a third party’s criminal conduct linked to a property owner’s failure to act.
- Under Florida’s modified comparative negligence system in HB 837, courts may weigh the fault of the criminal actor and the property owner, which can affect available compensation.
- Florida law sets a two-year deadline to file a negligent security lawsuit under Fla. Stat. § 95.11.
- Certain apartment complexes with five or more units may assert a presumption against liability under Fla. Stat. § 768.0706, but this does not bar claims and can be challenged.
How Is a Negligent Security Claim Different From Other Premises Liability Cases?
Most people associate premises liability with slip and fall accidents. Someone slips on a wet floor or trips over a broken step, and the property owner is held responsible.
Negligent security claims operate in a similar legal framework but involve something far more serious: a criminal act committed by a third party that the property owner's carelessness helped facilitate.
The Role of the Third-Party Criminal
In a typical premises liability case, the property condition itself causes the injury. In an inadequate security lawsuit in Fort Lauderdale or elsewhere in Florida, someone else committed the crime that harmed you.
The property owner did not attack you. But by failing to provide working locks, adequate lighting, security cameras, or trained security personnel, the property owner created conditions that made the crime more likely to occur.
Foreseeability Is the Legal Standard
The question at the center of every negligent security case is whether the crime was foreseeable. Florida courts look at several factors when making this determination:
- The history of similar criminal incidents on the property or in the surrounding neighborhood
- The type of property and the volume of foot traffic it attracts
- Whether the property owner had prior notice of security vulnerabilities
- The nature of the surrounding area, including local crime patterns in communities like Fort Lauderdale, Pompano Beach, and across Broward County
A property owner who ignores a pattern of break-ins, assaults, or robberies on or near their property and does nothing to upgrade security measures may face liability when the next crime occurs. Foreseeability does not require the property owner to predict the exact crime that happens. It only requires that a reasonable person in the same position would have recognized the risk and taken steps to address it.
Where Do Negligent Security Incidents Most Often Occur in Fort Lauderdale?
Fort Lauderdale and Broward County include many residential and commercial properties where negligent security claims arise. These incidents often occur where property owners fail to address known safety risks.
- Apartment complexes and condominiums: Large residential properties, especially near downtown Fort Lauderdale and along corridors like Federal Highway, must protect tenants in common areas. Poor lighting, broken gates, nonworking cameras, and unsecured parking garages can lead to assaults tied to ignored security issues.
- Hotels and motels: Properties serving tourists must control access to rooms, hallways, and parking areas. Failure to maintain locks, verify guests, or monitor common areas can place visitors at risk.
- Nightclubs and bars: Busy nightlife locations, including areas near Las Olas Boulevard, require crowd control and trained security staff. Overserving alcohol, understaffing security, or lacking functional cameras may result in liability after an assault.
- Parking lots and garages: Parking areas are frequent sites of robberies and assaults due to poor lighting, limited visibility, broken security features, and lack of patrols. Retail, office, and standalone parking facilities all face this exposure.
- Retail stores and shopping centers: Malls and shopping centers in Fort Lauderdale and nearby areas like Pompano Beach must provide security suited to foot traffic levels and local crime patterns.
Across all property types, owners must take reasonable steps to protect people on their premises from foreseeable criminal activity.
What Must You Prove in a Florida Negligent Security Lawsuit?
Filing an inadequate security lawsuit in Fort Lauderdale or anywhere in Florida requires meeting specific legal elements. Each one builds on the last, and the strength of your claim depends on how clearly you and your attorney demonstrate each factor.
Duty of Care
The property owner owed you a duty of care. In Florida, this duty extends to lawful visitors, which includes tenants, hotel guests, shoppers, restaurant patrons, and others who are lawfully on the property. The duty requires the property owner to maintain a reasonably safe environment, including implementing security measures appropriate to the circumstances.
Breach of That Duty
The property owner breached that duty by failing to provide adequate security. This breach might look like any of the following:
- Broken or missing locks on entry doors and gates
- Insufficient lighting in parking lots, stairwells, and hallways
- No working security cameras at points of entry or exit
- Absence of trained security personnel despite a known crime risk
- Failure to address prior complaints about safety conditions
Each of these failures represents a specific, provable way the property owner let security deteriorate to the point that it placed lawful visitors at risk.
Causation
The lack of security was a contributing cause of the crime and your injuries. This element requires showing that if the property owner had provided reasonable security, the crime likely would not have occurred or the harm would have been reduced. This is where a Florida negligent security lawyer works to connect the property owner's inaction directly to the harm you suffered.
Damages
You suffered actual injuries and measurable losses as a result of the crime. These losses might include medical bills, lost income, physical pain, emotional distress, and the cost of ongoing therapy or rehabilitation.
How Does Florida’s HB 837 Affect Negligent Security Cases?
In March 2023, Governor Ron DeSantis signed House Bill 837 into law, bringing sweeping changes to Florida's civil litigation landscape. Several provisions directly affect negligent security claims, and anyone considering a lawsuit needs to understand how these changes shape their case.
Modified Comparative Negligence
Florida shifted from a pure comparative negligence system to a modified one. Under the new standard, if the injured person bears more than 50 percent of the fault for their own injuries, they are barred from recovering any compensation. In negligent security cases, this means the court must now weigh the fault of the criminal actor, the property owner, and potentially the injured person when apportioning blame.
Criminal Fault Consideration
Before HB 837, negligent security lawsuits primarily focused on the property owner and the injured person. Now, the trier of fact must also consider the fault of the person who committed the criminal act. This change may reduce the percentage of liability assigned to the property owner, which in turn may lower the total compensation available.
The Presumption Against Liability for Multifamily Properties
Under Fla. Stat. § 768.0706, owners and operators of multifamily residential properties with five or more units may claim a presumption against liability if they substantially implement specific security measures. Those measures include:
- Security cameras at all entry and exit points with footage stored for at least 30 days
- Parking lot lighting at a minimum of 1.8 foot-candles from dusk to dawn
- Lighting in walkways, common areas, laundry rooms, and porches
- A deadbolt of at least one inch on every dwelling unit door
- Locking devices on all windows and sliding doors
The statute also requires a Crime Prevention Through Environmental Design assessment no more than three years old, along with employee training in crime deterrence and safety. Property owners carry the burden of proving they substantially complied with these requirements.
This presumption is not an absolute shield. It is rebuttable, meaning an injured tenant or visitor may still bring a claim by presenting evidence that the property owner's compliance was incomplete or that additional security measures were warranted given the specific crime history of the property.
Shortened Statute of Limitations
HB 837 reduced the statute of limitations for general negligence claims from four years to two years for incidents occurring after March 24, 2023. Under Fla. Stat. § 95.11, you now have just two years from the date of the incident to file a negligent security lawsuit. Missing this deadline means losing your right to seek compensation, regardless of how strong your case might be.
What Types of Compensation Are Available in a Negligent Security Case?
When a property owner's negligence contributes to a crime that injures you, you may be entitled to pursue compensation for the full scope of your losses. A negligent security lawyer in Florida helps calculate these damages to reflect the true impact of what happened.
Economic Damages
These are the financial losses you face directly because of the incident. They include current and future medical expenses from emergency care, surgeries, hospital stays, prescription medications, physical therapy, and mental health counseling.
Lost wages for the time you missed at work, along with any reduction in your future earning capacity, also fall under this category. If the crime damaged or destroyed personal property, those costs are recoverable as well.
Non-Economic Damages
The harm from a violent crime extends well beyond medical bills. Physical pain, emotional trauma, anxiety, sleep disturbances, loss of enjoyment of life, and post-traumatic stress all factor into non-economic damages. These losses are harder to quantify but reflect the real burden the incident placed on your daily life and mental health.
Wrongful Death Damages
If a family member died due to a crime that occurred because of negligent security, surviving relatives may be able to pursue a wrongful death claim. Under Florida law, this may include funeral and burial costs, loss of financial support, and loss of companionship.
Punitive Damages
In cases involving extreme negligence or intentional disregard for safety, Florida courts may award punitive damages. These damages are meant to punish the property owner and discourage similar behavior. They are rare but remain available in cases where the facts support them.
FAQs for Negligent Security Lawyer Florida
Do I file a claim against the attacker or the property owner?
You may be able to pursue both. The attacker can be sued in civil court, and the property owner may be liable under a negligent security claim if inadequate safety measures contributed to the attack. An attorney can assess all potentially responsible parties.
What if security cameras existed but were not working?
Nonfunctioning cameras can support a negligent security claim. They suggest the owner recognized the need for security but failed to maintain it, which can support a breach of duty argument.
How long do I have to file a negligent security lawsuit in Florida?
For incidents occurring after March 24, 2023, the statute of limitations is generally two years from the date of the crime under Fla. Stat. § 95.11. Missing this deadline can lead to dismissal of the case.
Does HB 837’s presumption against liability eliminate my case?
No. Fla. Stat. § 768.0706 creates a rebuttable presumption for multifamily property owners who substantially comply with certain security requirements. If compliance was incomplete, inadequate for the area’s crime history, or inconsistent, the presumption may be challenged.
What properties face negligent security claims in Broward County?
Claims commonly arise at apartment complexes, hotels, bars, nightclubs, parking lots and garages, shopping centers, gas stations, convenience stores, and office buildings. Any property open to the public owes a duty of reasonable security based on location and risk.
How Do We Represent Negligent Security Victims?
Our firm, Miller & Jacobs Accident Attorneys, is based in Pompano Beach and serves the Fort Lauderdale area, with an additional office in Orlando. Our founding attorneys, Mark J. Miller and Rick S. Jacobs, are former prosecutors who bring a direct, results-focused approach to personal injury litigation.
With more than 50 years of combined experience and over $150 million recovered, we protect our clients’ rights and handle premises liability claims throughout Broward County and South Florida.
Our Approach to Negligent Security Cases
Negligent security claims require proof that a property owner failed to take reasonable safety measures and that this failure led to a criminal act. We conduct thorough investigations, including scene inspections, analysis of local crime data, and review of a property’s security record. This process supports the foreseeability requirement under Florida law.
Contingency Fee Representation
We represent clients on a contingency fee basis. There are no upfront costs, and attorney’s fees are owed only if we recover compensation.
Serving Clients Across Florida
While our main office is in Pompano Beach, we represent clients throughout Florida, including Orlando, Palm Beach County, Miami, and Tampa. We review negligent security claims arising anywhere in the state.
Take Action With Our Florida Negligent Security Lawyers
When a crime occurs on someone else’s property, time matters. Evidence can be lost, witnesses may become harder to reach, and the two-year deadline to file a claim continues to run. Property owners and their insurers often begin preparing their defense right away. We are prepared to do the same on your behalf.
At Miller & Jacobs Accident Attorneys, our firm has spent decades holding negligent property owners accountable across Broward County, Palm Beach County, Orlando, Miami, and throughout Florida.
If you were attacked, robbed, or assaulted due to inadequate security, we invite you to contact us for a free, confidential consultation. Taking that first step allows us to review your situation and discuss your legal options.