In cases of negligent security, while it is not the business or property owner who directly causes your injury (meaning they are not the one to physically assault you), it is the result of their action or inaction that leads to you getting hurt (such as firing their security guards or disarming their alarm system). Therefore, filing a claim against the property owner is an attempt to hold such third parties liable for the damage and costs by proving their negligence.
Negligent security occurs when a business owner fails to provide proper security, and a guest, customer, or visitor suffers an injury due to a subsequent crime that could have otherwise, reasonably, been prevented. This type of premises liability law states that a business owner has a reasonable duty to protect those on their property against crime and injury.
Additionally, the basis of negligent security states that a business owner must have the reasonable ability to know that a crime may occur and that an individual may suffer an injury as a result. Then, they must fail to take adequate preventative measures to avoid such criminal acts and injuries. Proving that such a crime could have been prevented is often the most challenging aspect of these cases. Having a negligent security lawyer such as Justin Weinstein on your side can significantly help your personal injury claim.
How Florida’s 2023 Tort Reform Changed Negligent Security Cases
Florida’s 2023 tort-reform law (HB 837) rewrote the rules for these cases. The jury must now weigh the fault of everyone who contributed to your injury, including the criminal who attacked you (Fla. Stat. § 768.0701). Owners and operators of apartment complexes and other multifamily properties also earn a legal presumption against liability, but only if they substantially comply with a statutory list of security measures, hold a current crime prevention through environmental design assessment, and train their staff (Fla. Stat. § 768.0706). What does that mean for victims? These cases are still very winnable, but they demand more proof than before: evidence of prior crimes on and around the property, notice to the owner, industry-standard security practices, and exactly how the owner’s specific failures, not just the attacker’s crime, caused your injuries. Building that record early is now the difference between a case and a denial. When an attack is fatal, the family’s claim proceeds as a wrongful death action.