Being assaulted, robbed, or otherwise injured because of criminal activity at an apartment complex can raise a difficult legal question: can the property owner or operator share responsibility for what happened?
In some circumstances, a Florida negligent-security claim may involve an owner, lessor, operator, or manager of the property. These cases are highly fact-specific, however, and recent Florida laws directly address responsibility for criminal acts committed by third parties.
At The Black Law Company, negligent security is part of our Tampa personal injury practice. We investigate whether property conditions, security measures, prior information, and other circumstances may be relevant to a victim’s claim.
What Is Negligent Security?
Negligent security is a form of premises liability involving injuries caused by criminal acts on property where inadequate security may be an issue.
Examples can involve incidents at apartment communities, hotels, parking areas, nightclubs, shopping centers, and other properties.
Potential security issues might include inadequate lighting, broken access controls, malfunctioning gates, security-camera problems, or other conditions. However, the existence of a crime on a property does not automatically mean the property owner is legally liable.
The circumstances need to be investigated.
How Does Florida Law Address Third-Party Criminal Acts?
Florida Statute §768.0701 specifically addresses premises liability claims involving criminal acts by third parties.
For a claim brought against an owner, lessor, operator, or manager of commercial or real property by someone lawfully on the property, Florida law requires the factfinder to consider the fault of everyone who contributed to the injury.
In other words, a negligent-security case can involve more than the actions of the property owner. The conduct of the person who committed the crime and other potentially responsible parties may also become relevant.
That is one reason these claims often require a detailed investigation.
What Security Measures Matter at Florida Apartment Complexes?
Florida law now contains specific provisions for multifamily residential properties.
Florida Statute §768.0706 defines qualifying multifamily residential property and provides a presumption against liability for certain third-party criminal acts when an owner or principal operator substantially implements specified security measures.
Those measures include requirements involving security cameras at entrances and exits, parking-lot lighting, lighting in common areas, door and window locks, certain pool-area gates, and door viewers.
The statute also addresses crime-prevention assessments and employee crime-deterrence and safety training.
Importantly, the law does not mean that failing to satisfy one listed measure automatically creates a personal injury claim. Section 768.0706 expressly states that it does not establish a private cause of action.
Instead, the statute creates a framework that can become important when liability for a third-party criminal act is disputed.
What Evidence Can Matter After an Apartment Attack?
Negligent-security cases can depend heavily on evidence that may not remain available indefinitely.
We may examine available surveillance footage, photographs of the property, access-control records, lighting conditions, incident reports, witness statements, security procedures, and information about the circumstances surrounding the attack.
For example, surveillance footage may help establish when someone entered the property or what happened immediately before an incident. Photographs can document a broken gate or lighting conditions.
Evidence concerning the victim’s injuries is equally important. Medical records, expenses, lost-income documentation, and other records can help establish the consequences of the incident.
What Should You Do After a Negligent-Security Incident?
Your immediate safety and medical needs come first.
Report the incident to law enforcement when appropriate and obtain medical attention for injuries. If you can do so safely, preserve photographs, witness information, communications with property management, and other relevant documentation.
Avoid assuming that the criminal case and a possible civil personal injury claim are the same process. They serve different purposes.
Talk to Our Tampa Negligent Security Attorneys
At The Black Law Company, we represent people injured because of alleged negligent security at apartment complexes, parking areas, hotels, nightclubs, and other properties. Our Tampa practice includes personal injury, premises liability, negligent security, car accidents, truck accidents, and wrongful death matters.
If you were injured during a violent incident on someone else’s property, we can investigate the circumstances and explain whether a negligent-security claim may be available.
Contact us for a free case evaluation and let us review what happened before important evidence disappears.
This article is for general educational purposes and is not legal advice.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a St Petersburg personal injury lawyer. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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