When visiting a business or property in Central Florida, you have the right to feel safe. Property owners must provide adequate security and maintain safe premises under Florida premises liability law. If you’ve been harmed on someone else’s property due to inadequate security measures, you have the legal option to pursue a claim. Filing a negligent security lawsuit in Florida can help you seek compensation and encourage safer standards. This guide covers when to make an unsafe premises legal claim in FL, how Florida law defines liability, the steps involved in proving negligence in security cases, and how to move forward with confidence.

How Long Do You Have to File a Negligent Security Lawsuit in FL?

Florida law generally gives you two years from the security incident date to pursue a negligent security case.

Recent Changes – Florida Tort Reform (HB 837)

Florida’s recent tort reform law, HB 837, creates a “presumption against liability” for owners of multifamily residential properties (like apartments or condos) meeting certain security requirements. This means it may be harder to sue these property owners for negligent security if they follow the law’s standards. If you have questions about how these changes could affect your case, our team can help you understand your rights and options.

What Is Negligent Security?

Negligent security occurs when a property owner or manager fails to provide basic security measures, resulting in preventable harm. This can happen in apartment complexes with broken entry systems, hotels lacking security personnel, shopping centers or bars without enough on-site staff, or poorly lit parking lots. You may have grounds for an unsafe premises legal claim in Florida if:

  1. The property had a history of criminal activity or known security risks.
  2. The owner failed to take reasonable steps, like fixing broken locks, adding lighting, or hiring security.
  3. You suffered harm (like an assault or robbery) that better security could have prevented.

When Is a Business Liable for Assault? The Role of “Foreseeability” in Florida Negligent Security Lawsuits

A business is liable for an assault or injury if the harm was “foreseeable.” Foreseeability means a reasonable person in the owner’s position could anticipate criminal activity on the property without adequate security measures in place. Courts consider several factors, including:

  • Previous similar crimes or security incidents on or near the property.
  • Whether the area is known for criminal activity or is considered high-risk.
  • Prior warnings, complaints, or obvious vulnerabilities like broken gates or poor lighting.
  • Business type: nightclubs or convenience stores require heightened security.

If a business knows—or should know—about these risks and fails to take the necessary security steps, the owner may be held liable for resulting assaults or other injuries.

Proving Negligence in Security Cases – A Step-by-Step Guide

To win a negligent security case, you need to demonstrate that the property owner failed in their duty to provide adequate security systems. Here’s how to build a strong case:

  1. Document the Security Incident Immediately. Take photos of poor lighting, broken locks, or other poor security conditions.
  2. Report to Law Enforcement. Notify and file a police report to create an official record.
  3. Gather Witness Statements. Collect police reports and witness statements from those who saw the incident.
  4. Preserve Evidence. Save medical records, security footage requests, lost wage documentation, and incident reports.
  5. Consult Our Law Firm. Our experienced personal injury lawyers can help you navigate the process and maximize your recovery.

If your claim is successful, you may be entitled to: medical expenses (current and future treatment costs), lost wages and reduced earning capacity, pain and suffering from emotional and physical trauma, property damage from theft or vandalism, or punitive damages in cases of egregious negligence.

FAQ About Florida Negligent Security Lawsuits

1. Can I still sue if I was partially at fault?

  • Yes. Florida’s comparative negligence law may still allow you to recover damages, even if you were partially responsible.

2. What if the attacker wasn’t caught?

  • You can still pursue a negligent security claim against the property owner, regardless of the perpetrator’s identification or prosecution.

“Every client deserves to feel safe where they live, work, and shop. When property owners fail in that responsibility, our job is to stand up for your rights and help you rebuild.”— Frank Eidson.

Act Now For a Free Case Review with Frank Eidson

If you believe you have a negligent security claim, call 407-245-2887 or contact us online for a free, confidential case review. At Frank Eidson, we’re dedicated to helping Central Florida residents move forward with confidence and peace of mind.