Miami Negligent Security Lawyer

Businesses, apartment complexes, hotels, parking garages, and other properties must take reasonable steps to protect people from foreseeable crimes. When broken gates, dark parking lots, missing cameras, or ignored warnings allow a violent crime to happen, the property owner may share responsibility. Miami negligent security lawyer Tomas Robirosa represents victims and their families in Miami-Dade, Broward, and Palm Beach counties. Se habla español.

When Is a Property Owner Responsible for a Crime?

A property owner is not automatically responsible for every crime committed on its property. A negligent security claim generally focuses on two questions: was the crime reasonably foreseeable, and did the owner fail to take reasonable security measures that could have helped prevent it?

Signs of inadequate security

• Prior assaults, robberies, or break-ins at or near the property
• Broken or missing locks, gates, and access controls
• Poor lighting in parking lots, walkways, and stairwells
• Missing, broken, or unmonitored security cameras
• No security guards where the risk called for them, or guards who were poorly trained
• Ignored tenant or customer complaints about crime or suspicious activity

Where negligent security cases arise

Apartment complexes and condominiums, hotels and short-term rentals, shopping centers, convenience stores and gas stations, bars and nightclubs, parking lots and garages, and other properties open to the public.

What to do after a violent crime on someone's property

• Get medical care and report the crime to police.
• Keep a copy of the police report number and any medical records.
• Write down everything you remember about lighting, gates, locks, cameras, and staff.
• Do not give a statement to the property owner's insurer before speaking with a lawyer.
• Contact a lawyer quickly so video and incident records can be requested before they are lost.

Common Injuries in Negligent Security Cases

• Assault injuriesVictims of attacks may suffer fractures, cuts, and head injuries.
• Gunshot and stab woundsViolent crimes can cause life-threatening injuries.
• Emotional traumaVictims may experience anxiety, sleep problems, and PTSD after an attack.
• Wrongful deathWhen an attack is fatal, the family may have a claim.

Florida Negligent Security Law After the 2023 Changes

Florida changed its negligent security rules in 2023. These changes make it more important than ever to investigate a case early and carefully.

The criminal's fault is considered

In a lawsuit against a property owner or operator for a crime committed by a third party, Florida law requires the jury to consider the fault of all persons who contributed to the injury, including the person who committed the crime.

Apartment properties and the security presumption

For multifamily residential properties such as apartment complexes, Florida law creates a presumption against liability if the owner substantially complies with specific security requirements. These include security cameras at entry and exit points with recordings kept for at least 30 days, lighting in parking lots and common areas from dusk to dawn, deadbolts on unit doors, locks on windows and sliding doors, locked pool gates, door viewers in certain unit doors, a crime prevention through environmental design (CPTED) assessment, and security training for employees. Whether a property actually met each requirement is often a central question in these cases.

Security guard assaults and bouncer injuries

Some negligent security cases involve the security itself. A security guard or bouncer at a nightclub, bar, hotel, apartment complex, or event may use excessive force, or may stand by while a guest is attacked. Depending on the facts, the security company, the business that hired it, or the property owner may be responsible, including for negligent hiring, training, retention, or supervision of the guard. If you were hurt by a security guard in Miami or South Florida, or because security failed to act, we can review what happened.

Over-serving and assaults at bars and clubs

Fights and assaults often happen where alcohol is served. Florida’s dram shop law limits when a business can be held responsible for serving alcohol, but a bar, nightclub, or venue may still be responsible for failing to provide reasonable security. Each case depends on its facts.

Deadlines and damages

• For most negligence claims arising after March 24, 2023, the deadline to file is two years.
• Depending on the facts, victims may be able to seek medical expenses, lost wages, pain and suffering, and, in fatal cases, damages available under Florida's wrongful death law.

Related: premises liability, condominium disputes, personal injury. Request a free, confidential case review.

How We Handle Your Case

• Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
• Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
• Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
• Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.

Frequently Asked Questions