Florida Negligent Security Attorney
Summary
Jimenez Law Firm, P.A. represents Florida negligent security victims injured by foreseeable crimes at apartments, hotels, bars, and parking lots. Florida’s 2023 tort reform (Fla. Stat. § 768.0701) apportions fault, while Fla. Stat. § 768.0706 gives multifamily owners a rebuttable presumption. Claims carry a 2-year deadline. Free consultation; no fee unless we recover.
Key Takeaways
- Negligent security is a premises liability claim against a property owner, landlord, or manager whose failure to provide reasonable security allowed a foreseeable crime to injure a lawful visitor or resident.
- Foreseeability is the central legal issue. Prior crimes, police calls, and tenant complaints are used to prove the owner knew, or should have known, an attack was likely.
- Florida’s 2023 tort reform (House Bill 837) requires juries to apportion fault among all parties, including the attacker, under Fla. Stat. § 768.0701.
- Fla. Stat. § 768.0706 gives multifamily properties (5+ units) a liability presumption, but only if the owner proves it substantially implemented specific security measures (cameras, lighting, deadbolts, CPTED assessments).
- Common locations include apartment complexes, hotels and motels, bars and nightclubs, parking lots and garages, shopping centers, and convenience stores.
- Florida’s modified comparative negligence rule (Fla. Stat. § 768.81(6)) bars recovery if you’re more than 50% at fault, and reduces awards proportionally below that threshold.
- The statute of limitations is 2 years from the incident date (for claims arising after March 24, 2023), including wrongful death claims.
- Jimenez Law Firm, P.A. handles cases on a contingency fee basis. No upfront cost, no fee unless compensation is recovered.
What Is Negligent Security in Florida?
Negligent security is a premises liability claim against the owner, landlord, manager, or operator of a property where someone was hurt in a crime that reasonable security could have prevented. The crime might be a shooting, stabbing, robbery, sexual assault, or beating. The attacker is responsible for the attack. The property owner is responsible for failing to protect people who were lawfully on the property.
To win, we generally must prove four things: the owner owed you a duty of care as a lawful visitor or resident, the owner failed to provide reasonable security, that failure helped cause your injury, and you suffered damages such as medical bills and lost income. Foreseeability is often the main dispute. Earlier crimes, police calls, tenant complaints, and warnings to management show the owner knew, or should have known, that another attack was likely.
More than one party can be responsible: property owners, landlords, property management companies, security contractors, and businesses that lease the premises. Which one answers for your injury depends on who controlled security when the attack happened. Negligent security falls under premises liability law, the same area of law that governs slip and fall injury claims, and our article on documenting a premises liability claim explains the kind of proof these cases depend on.
How Florida’s 2023 Tort Reform Changed Negligent Security Claims
House Bill 837 changed these claims in 2023. Under Fla. Stat. § 768.0701, a jury in a negligent security case must consider the fault of all persons who contributed to the injury. In practice, the jury can assign a percentage of fault to the attacker, and the property owner pays only its own percentage.
The same law gave multifamily properties a presumption against liability. Under Fla. Stat. § 768.0706, the owner or principal operator of a residential property with at least five dwelling units gets that presumption only by substantially implementing these measures:
- Security cameras at entry and exit points, with footage kept retrievable for at least 30 days.
- A parking lot lit from dusk until dawn at the intensity the statute sets.
- Dusk-to-dawn lighting in walkways, laundry rooms, common areas, and porches.
- A 1-inch deadbolt on every dwelling unit door.
- Locking devices on windows, exterior sliding doors, and other doors not used for community purposes.
- Locked, key or fob-access gates at pool fence areas.
- A peephole or door viewer on unit doors that lack a window or a window beside the door.
- A crime prevention through environmental design (CPTED) assessment no more than 3 years old, performed by a law enforcement agency or a practitioner designated by the Florida Crime Prevention Training Institute, which operates through the Florida Attorney General’s office.
- Crime deterrence and safety training for employees.
The presumption does not bar your claim. The statute puts the burden on the owner to prove it substantially implemented those measures, and we check that against maintenance records, work orders, and camera footage. Convenience businesses that substantially implement the security measures listed in Fla. Stat. §§ 812.173 and 812.174 receive a similar presumption under Fla. Stat. § 768.0705.
Signs You May Have a Negligent Security Claim in Florida
Not every crime on private property leads to a claim, but these facts point toward one.
- The property had earlier crimes: Prior assaults, break-ins, or shootings at or near the property show the owner could foresee another one.
- Lighting was out or missing: Dark parking lots, stairwells, and walkways appear in many of these cases.
- Cameras, locks, or gates did not work: Broken gates, doors that would not latch, and cameras that did not record are documented security failures.
- There was no security staff, or staff left their post: A property with a known crime problem and no guard, patrol, or response plan is a strong sign of inadequate security.
- Residents or visitors complained and nothing changed: Written complaints to management show the owner had notice of the danger.
- You were lawfully on the property: Tenants, guests, customers, and invited visitors can bring these claims.
Where Negligent Security Cases Happen in Florida
These claims arise at any property that invites the public or houses residents. The table below lists common settings, the security failures that tend to appear, and the records we look for.
Location | Typical Security Failures | What We Look For |
Apartment and condo complexes | Broken gates or door locks, dark common areas, no cameras, ignored tenant complaints | Work orders, complaint records, police calls to the address, compliance with the Fla. Stat. § 768.0706 measures |
Hotels and motels | Unsecured room doors, no key-card control, no front desk staff, poor exterior lighting | Key-card logs, staffing schedules, prior incident reports, camera retention records |
Bars, nightclubs, and restaurants | No trained security staff, no response to earlier fights, poor parking lot lighting | Security contracts, incident logs, video footage |
Parking lots and garages | Burned-out lights, no patrols, no cameras, open access after hours | Lighting records, patrol logs, surveillance footage, prior robbery reports |
Shopping centers and retail stores | No security patrols, broken cameras, poor lighting in lots and entrances | Security vendor contracts, prior crime reports, camera footage |
Convenience stores and gas stations | Understaffed late shifts, no working cameras, poor lighting at pumps and entrances | Prior robberies at the location, compliance with the security measures in Fla. Stat. §§ 812.173 and 812.174 |
Injuries and Claims After a Violent Crime on Unsafe Property
Violent attacks can cause gunshot and stab wounds, fractures, traumatic brain injuries, and spinal cord injuries, along with lasting psychological harm. Injuries of that severity often qualify as catastrophic injuries, including brain injuries and spinal cord injuries, and they can require years of treatment. When an attack kills a family member, the family may bring a claim through our wrongful death attorneys.
You may also have a separate claim against the attacker, which our assault injury attorneys handle. Attackers are sometimes never identified or cannot pay a judgment, which is one reason the property owner’s liability coverage matters.
What to Do After a Crime on Someone Else’s Property in Florida
Evidence in these cases disappears quickly, so what you do in the first days affects the claim.
- Call 911 and get medical care: Treatment records document your injuries and connect them to the attack.
- Get the police report number: The report, and the property’s history of police calls, are core evidence.
- Report the incident to property management or security in writing: Keep a copy. It fixes the date and shows the owner had noticed.
- Photograph the scene: Capture broken lights, damaged gates or locks, missing cameras, and the layout, ideally before any repairs.
- Write down witnesses: Record names, phone numbers, and what each person saw.
- Save your records: Keep your lease, receipts, and any messages with management, including earlier complaints.
- Do not give a recorded statement to the owner’s insurer: Speak with an attorney first.
- Call an attorney quickly: Camera footage is often overwritten. Even the multifamily statute requires footage to stay retrievable for only 30 days, so we send the owner a written request to preserve footage and records as early as possible.
Evidence We Pull in a Negligent Security Case in Florida
The property’s own records usually show what the owner knew and what it did about it.
Evidence | What It Shows |
Police call logs and crime reports for the property | Whether earlier crimes made another attack foreseeable |
Camera footage and retention policies | What happened, and whether the cameras worked |
Security contracts, guard logs, and patrol records | What security the owner promised and what it provided |
Maintenance records and work orders | Whether lights, locks, and gates were repaired after problems were reported |
Tenant or customer complaints | Whether management had notice of the danger |
CPTED assessments and training records | Whether a multifamily owner met the Fla. Stat. § 768.0706 conditions |
A security professional’s opinion on what reasonable security required |
PRACTICE AREAS
Florida’s Deadline and Fault Rules for Negligent Security Claims
Florida gives you 2 years to file a negligence lawsuit for incidents that arose after March 24, 2023 (Fla. Stat. § 95.11). Wrongful death claims also carry a 2-year deadline, counted from the date of death. Incidents before March 24, 2023 may still fall under the older 4-year deadline. If a government agency owns the property, separate written-notice requirements apply before you can sue, so call early.
Florida also follows modified comparative negligence. If a jury finds you more than 50 percent at fault for your own harm, you recover nothing (Fla. Stat. § 768.81(6)). If you are found 50 percent or less at fault, your award is reduced by your percentage. Our article on Florida’s comparative negligence law explains how this affects a personal injury case.
Compensation in a Florida Negligent Security Case
What you can recover depends on your injuries and losses. Florida negligent security claims commonly seek:
- Past and future medical expenses, including surgery, rehabilitation, and mental health treatment.
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Emotional distress and psychological harm after the attack.
- Wrongful death damages when the attack kills a family member.
Our page on types of damages explains how each category is calculated in personal injury claims. Payment for these claims often comes through the property owner’s liability policy, and our page on insurance and third-party claims covers how those claims work.
How We Handle a Negligent Security Case in Florida
Every case starts with the property’s records, because those show what the owner knew before the attack.
- Free case evaluation: We review what happened, the property, and your injuries.
- Investigation: We gather police call history, earlier incident reports, and maintenance and security records, and we send a written request to preserve camera footage.
- Expert review: When the facts support it, we ask a security professional to explain what reasonable security required, through expert witness testimony.
- Filing: We file the claim against each responsible party, which may include the owner, the manager, and a security contractor.
- Negotiation and litigation: We negotiate with the property’s insurer through the settlement negotiation process and prepare for trial if a fair settlement is not offered.
Why Choose Jimenez Law Firm for a Negligent Security Claim in Florida
Negligent security cases turn on records and deadlines that most victims never see. Here is what our team brings to yours.
- No upfront cost: We handle these cases on contingency, so you owe no attorney fee unless we recover compensation.
- Records-first investigation: We start with the property’s own crime history, security contracts, and maintenance files.
- Command of the 2023 changes: We account for fault apportionment under Fla. Stat. § 768.0701, the multifamily presumption, the 50 percent bar, and the 2-year deadline.
- Full damages accounting: We count medical costs, lost income, future care, and pain and suffering, not only the first hospital bill.
- Direct communication: You get clear updates from the first review through settlement or trial.
- Trial-ready preparation: We build each case to withstand a defense challenge on foreseeability and on the share of fault assigned to the attacker.
You can review our case results, read client reviews on our testimonials page or Google Business Profile, and meet our attorneys before you call.
Florida Neighborhoods and Communities Our Negligent Security Attorneys Serve
Jimenez Law Firm, P.A. represents victims of negligent security throughout Jacksonville and across Florida, including Atlantic Beach, Fernandina Beach, St. Augustine, Gainesville, Palm Coast, Daytona Beach, and Ocala.
Within Florida, we also serve key cities and communities including Jacksonville Beach (32250) near the oceanfront bars, hotels, and apartment complexes along Beach Boulevard and 1st Street, Orange Park (32073) close to the apartment communities and retail centers along Blanding Boulevard, Middleburg (32068) near the gated neighborhoods and shopping plazas off Highway 21, Green Cove Springs (32043) close to the riverfront apartment complexes and Spring Park gathering areas, Palatka (32177) near the Putnam County riverfront district and downtown commercial corridor, Lake City (32055) close to the hotel and motel corridor along the I-75/US-90 interchange, and Macclenny (32063) near the Baker County commercial strip and surrounding residential communities, providing negligent security legal representation to victims injured at apartment complexes, hotels, bars, parking lots, and shopping centers throughout Northeast Florida.
Schedule a Free Case Review With a Florida Negligent Security Attorney at Jimenez Law Firm, P.A. Today
If you were hurt in a crime that adequate security might have prevented, do not wait for the property owner or its insurer to tell you what happened. Jimenez Law Firm, P.A. will review the facts, investigate the property’s security and crime history, and pursue compensation from the parties responsible. You pay nothing upfront, and there is no fee unless we recover compensation.
Call (904) 559-5600 or contact us online for your free, no-obligation case evaluation. For our full list of services, visit Practice Areas, or learn more about our law firm.
What Our Clients Say About Jimenez Law Firm, P.A.
At Jimenez Law Firm, P.A., our mission is to provide top-notch legal services with compassion and professionalism. We are proud to have made a positive impact on our clients’ lives, as reflected in their thoughtful reviews:
Our clients’ trust and satisfaction are at the heart of what we do. Ready to experience the same dedicated service? Contact us today to see how we can help you.
Frequently Asked Questions
Negligent security is a premises liability claim against a property owner or operator whose inadequate security allowed a foreseeable crime to injure a lawful visitor or resident. It covers crimes such as shootings, stabbings, robberies, and sexual assaults.
The property owner, landlord, property management company, security contractor, or a business leasing the premises can be responsible, depending on who controlled security at the time of the attack.
Yes. The claim is against the property owner for its security failures, so it can move forward even if the attacker was never identified or charged. The defense may still ask the jury to assign a share of fault to the attacker.
No. Under Fla. Stat. § 768.0706, the owner must prove it substantially implemented the listed security measures before it receives the presumption. We review the complex’s records to see whether it did.
Generally 2 years for incidents that arose after March 24, 2023 (Fla. Stat. § 95.11). Wrongful death claims also have a 2-year deadline from the date of death. Contact an attorney promptly, because camera footage and other records can be lost long before the deadline.
Your award is reduced by your percentage of fault. If a jury finds you more than 50 percent at fault, you cannot recover damages (Fla. Stat. § 768.81(6)).
We handle these cases on a contingency fee basis, so there is no upfront cost and you owe no attorney fee unless we recover compensation on your behalf.
Yes. Surviving family members may bring a wrongful death claim against the party responsible for the inadequate security. Our wrongful death attorneys can review the facts and explain the deadline that applies.
Contact Jimenez Law Firm, P.A.
If you or a loved one has been injured, don’t wait to seek legal help. Contact Jimenez Law Firm, P.A. at (904) 559-5600 for a free consultation.
Areas We Serve in Jacksonville, Florida
Jimenez Law Firm, P.A. proudly serves all neighborhoods in Jacksonville, including:
- Arlington
- San Marco
- Riverside
- Avondale
- Baymeadows
- Southside
- Orange Park
- Jacksonville Beach
- Neptune Beach
- Atlantic Beach
- Fernandina Beach
- Ponte Vedra Beach
- Northside Jacksonville
- Westside Jacksonville
No matter where you are in Jacksonville, we’re here to provide expert legal support.
Monday: 8:30AM – 5PM
Tuesday: 8:30AM – 5PM
Wednesday: 8:30AM – 5PM
Thursday: 8:30AM – 5PM
Friday: 8:30AM – 4PM
Calls Received 24/7