Negligent security is a legal term that refers to the failure of a property owner or operator to take reasonable steps to protect their visitors from harm. This can include failing to provide adequate security measures, such as lighting, security cameras, and security guards, or failing to properly maintain the property, which can create dangerous conditions.
In Florida, victims of negligent security have the right to sue the property owner or operator for damages. To prevail in a negligent security lawsuit, the plaintiff must prove that the property owner or operator owed them a duty of care, that the property owner or operator breached that duty of care, and that the breach of duty caused the plaintiff’s injuries.
In 2023, the Florida legislature passed House Bill 837 (HB 837), which made a number of changes to the state’s tort laws, including negligent security laws. One of the most significant changes made by HB 837 is the creation of a presumption against liability for the owners or operators of multifamily residential properties that substantially implement certain security measures on the property where the criminal actor is not an employee or the owner or operator.
This means that if a victim of a crime sues the owner or operator of a multifamily residential property for negligent security, the property owner or operator will not be automatically liable for the victim’s injuries. Instead, the property owner or operator will be presumed not to be liable unless the victim can prove that the property owner or operator failed to substantially implement the required security measures.
The required security measures under HB 837 include:
HB 837 also made a number of other changes to Florida negligent security laws, including:
The following are authoritative sources on Florida negligent security laws:
If you have been injured in a crime on the property of another person or business, it is important to hire an experienced negligent security attorney right away. An attorney can help you investigate the facts of your case, identify the responsible parties, and determine whether you have a viable negligent security claim.
If you do have a viable claim, an attorney can help you file a lawsuit and negotiate a settlement or try your case before a jury. An attorney can also help you understand the changes made to Florida negligent security laws under HB 837 and how those changes may affect your case.
Negligent Security claims are extremely tough. They require a lot of evidence, experts, and witness testimony. It is important to hire an experienced attorney to help prosecute the claim.