When someone is assaulted or robbed on a business’s property, most victims assume only the criminal can be held responsible. Florida law says otherwise. If the property owner made the crime easy through poor security, the owner can be liable too.
The Legal Idea Behind Negligent Security
Florida premises liability law requires businesses and landlords to take reasonable steps to protect lawful visitors from foreseeable criminal acts. Negligent security is the branch of that law covering what happens when they do not. The claim is not that the owner committed the crime; it is that the owner’s carelessness gave the criminal the opportunity.
What Makes a Crime “Foreseeable”
Courts look at what the owner knew or should have known:
- Prior crimes on the property. Repeated break-ins at an apartment complex put the landlord on notice.
- Crime in the immediate area. A parking garage in a high-crime corridor calls for more than a garage in a quiet suburb.
- Prior complaints. Tenants who reported broken gates or lurking strangers create a paper trail.
Common Examples in Florida
- Broken gates or locks at apartment complexes that stay broken for months
- Burned-out lighting in parking lots and garages
- Hotels that let non-guests roam hallways freely
- Bars and nightclubs without adequate staff during known trouble hours
- ATMs and convenience stores without cameras or lighting in high-crime areas
- Security guards promised in the lease but never actually posted
Who Can Be Held Liable
Apartment landlords, hotel operators, shopping centers, bar owners, parking facility operators, event venues, and sometimes the security companies they hire. These defendants carry commercial insurance, which is what makes recovery realistic even when the criminal is never caught or has nothing to collect.
What a Negligent Security Claim Can Recover
Victims of violent crime often face enormous losses: emergency and long-term medical care, trauma counseling, lost income, and lasting psychological injuries. A negligent security claim seeks maximum compensation for all of it, including pain and suffering. In fatal cases, the family may bring a wrongful death claim.
Why These Cases Move Fast or Not at All
The critical evidence — surveillance footage, key-card logs, guard schedules, prior incident reports — sits entirely in the property owner’s hands, and none of it is kept forever. An attorney can demand preservation immediately and subpoena police records for the area to establish foreseeability. Victims who wait months often find the footage cycle has already erased the strongest proof.
You Were the Victim. The Law Is on Your Side.
If you or a loved one was injured in a crime that better security would have prevented, Dante Law Firm can investigate whether the property owner shares the blame. We fight for maximum compensation so you win, and your consultation is free. Contact us or call (954) 365-0000.
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