Florida Negligent Security: Suing for Crimes on Business Property

When a Property Owner’s Negligence Leads to Crime

In Florida, business owners have a legal duty to provide "reasonable security" to protect visitors from foreseeable criminal acts. If you were assaulted, robbed, or injured at a shopping mall, apartment complex, or parking garage, you may have a Negligent Security claim. However, recent shifts in Florida law have made these cases a battleground of technicalities.

The New 2026 Legal Landscape

As of 2026, Florida’s modified comparative negligence rules mean that a jury can now apportion fault to the criminal who attacked you. Previously, property owners often bore the brunt of the financial liability. Now, your legal team must work harder to prove that the owner’s failure—not just the criminal's intent—was a substantial factor in the incident.

What Defines "Inadequate Security"?

To win a negligent security case, we must demonstrate that the property was a "soft target" due to:

• Broken or Missing Lighting: Dark parking lots are invitations for criminal activity.
• Lack of Surveillance: Non-functional or unmonitored security cameras.
• Unsecured Entry Points: Broken gates or locks in multi-family housing like apartments.
• Inadequate Staffing: Failing to hire security guards in high-crime areas despite a history of prior incidents on the premises.

The "Presumption Against Liability" for Apartments

Under Florida Statute § 768.0701, owners of multi-family housing who implement specific safety measures (like deadbolts, lighted walkways, and security cameras) now enjoy a "presumption" that they were not negligent. To overcome this, your attorney needs to conduct a deep dive into the property’s CPTED (Crime Prevention Through Environmental Design) assessment and maintenance logs.

Proving "Foreseeability"

The key to these cases is proving the crime was foreseeable. We do this by analyzing "Crime Grids"—police reports of similar violent crimes within a specific radius of the property over the last several years. If the owner knew the area was dangerous and did nothing, they can be held liable.

Why Immediate Investigation is Critical

Security footage is often overwritten every 7 to 30 days. Our firm acts immediately to send "Spoliation Letters" to ensure that video evidence, gate logs, and employee statements are preserved before the property owner can "clean up" the evidence of their negligence.