Miami Negligent Security Lawyer

Apartment complexes, condominiums, hotels, parking garages, stores and other properties must take reasonable steps to protect people from crimes they can foresee. When broken gates, dark parking lots, cameras that don't work or ignored warnings open the door to a violent crime, the property owner may share responsibility. Negligent security lawyer Tomas Robirosa represents victims and their families in Miami and across Florida, with a focus on 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 generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
• 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.

If you were the victim of negligent security in Miami, such as being robbed, beaten or sexually assaulted in a poorly lit parking lot, apartment complex or hotel, the property owners and managers who control that space may share responsibility. Inadequate security cases often turn on what the owner knew about prior crimes and which reasonable precautions were skipped. Our law firm explains the legal process from the first call, gathers the police reports and incident history, and deals with the insurance companies so you can focus on recovering.

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.

What Florida's 2023 Security Presumption Means for Your Claim

In 2023, Florida passed HB 837 (chapter 2023-15, Laws of Florida), which took effect on March 24, 2023. Two parts of it matter most in negligent security cases. First, section 768.0701 of the Florida Statutes says that when a person lawfully on commercial or real property is hurt by a third party's criminal act, the jury must consider the fault of everyone who contributed to the injury, including the attacker. Second, section 768.0706 gives some property owners a presumption against liability.

Here is how that presumption generally works:

• It is written for multifamily residential property The statute defines this as apartments, townhouses, condominiums or similar buildings with at least five dwelling units on one parcel. It is not written for stand-alone businesses such as hotels, stores, gas stations or bars.
• The owner has to prove it Only an owner or principal operator that substantially implemented the listed security measures gets the presumption, and the statute puts the burden of proving that on the owner or operator.
• It includes ongoing duties By January 1, 2025, the owner had to have a crime prevention through environmental design (CPTED) assessment no more than three years old, done by a law enforcement agency or a designated Florida CPTED practitioner, and must stay in substantial compliance with it. Employees must receive crime deterrence and safety training, and new employees generally within 60 days of being hired.
• The facts decide Whether the measures were really in place and working, such as cameras that kept video for 30 days, lighting that met the standard and gates that actually locked, depends on the evidence.

In plain words: if you were attacked at an apartment or condo complex, the 2023 law does not automatically end your claim, but it makes early investigation more important. Every case is different.

Evidence That Matters in a Florida Negligent Security Case

Negligent security cases often turn on records, and many of those records belong to the property owner, the management company or the security company. The sooner a lawyer asks that they be preserved, the better. Evidence we look for includes:

• Prior crimes and calls Police reports and calls for service at the property and nearby, which can show whether a crime like yours was foreseeable.
• Video Camera footage of the attack, the entrances and the parking areas. Many systems record over old video after a set time.
• Maintenance and complaint records Work orders and tenant or guest complaints about broken gates, locks, lights or cameras, and how long the owner took to fix them.
• Security contracts and guard logs What the security company agreed to do, how many guards were scheduled, patrol logs and incident reports.
• CPTED assessment and training records For apartment and condo properties, whether the owner had a current assessment, followed it and trained its employees as the 2023 law requires.
• Lighting and access Photos and measurements of the lighting in parking lots, walkways and common areas, and how strangers could get in and out.

You can help, too. Write down what you remember about the lighting, gates and cameras, keep copies of any complaints you made, and save texts or emails from management. Do not give a recorded statement to the owner's insurer before getting advice. Read more about personal injury claims in Florida, or call (305) 600-0529 for a free consultation.

In Miami Beach? See our Miami Beach negligent security attorney page.

Frequently Asked Questions