Tenants and guests should feel safe when entering an apartment building, condominium, or commercial property. Unfortunately, inadequate or negligent security is a common problem in Florida. When owners and managers fail to maintain safe premises, people can become victims of robbery, assault, or worse. These crimes are often preventable, and property owners may be held legally responsible for failing to provide the protection that the law requires.
At Ligori & Ligori Injury Attorneys, we fight for victims of negligent security across Florida. Our attorneys are AV Preeminent Rated, recognized in Best Lawyers, and members of the Multi-Million Dollar Advocates Forum. These honors reflect our dedication to client advocacy, professional excellence, and results in high-stakes personal injury cases. With decades of combined legal experience, we understand how to prove negligent security claims and hold owners accountable when their failures lead to devastating consequences.
How Security Failures Put People at Risk
Inadequate security can take many forms. Sometimes, security systems exist but are poorly maintained. In other cases, landlords cut corners or ignore prior warnings. Some of the most common issues include:
- Broken or missing locks on doors, gates, and windows
- Malfunctioning surveillance cameras or no cameras at all
- Poor lighting in hallways, stairwells, elevators, parking garages, or outdoor lots
- Non-existent or untrained security personnel in high-risk buildings
- Failure to fix reported hazards such as damaged gates or fences
- Ignoring prior criminal activity in or near the property
- Landscaping or obstructions that create hiding spots for attackers
- Lack of access control such as key cards, coded entry, or intercom systems
When property managers neglect these responsibilities, they create an environment where crime becomes foreseeable and preventable injuries occur.
The Legal Foundation: Negligent Security in Florida
Under Florida law, property owners and managers have a duty to maintain reasonably safe premises for lawful visitors. This includes providing basic security measures to deter criminal activity. When an assault or robbery happens because of security failures, victims may pursue a negligent security claim, which is a type of premises liability.
To succeed, a victim generally must prove:
- Duty of Care: The property owner had a responsibility to provide a reasonably safe environment.
- Foreseeability: The risk of crime was reasonably predictable, based on prior incidents, crime rates, or known hazards.
- Breach of Duty: Security measures were inadequate or neglected.
- Causation: The lack of security substantially contributed to the victim’s harm.
- Damages: The victim suffered measurable losses, including medical bills, lost wages, and emotional suffering.
Florida courts evaluate “reasonable security” on a case-by-case basis. For example, an upscale apartment complex in an urban area with prior assaults may be expected to provide more robust security—such as cameras, secure gates, and guards—than a small suburban property.
Foreseeability: A Key Issue
Foreseeability often determines whether a negligent security case is successful. If similar crimes occurred in or around the property before, or if tenants complained about safety concerns, property owners should have taken steps to prevent future incidents. A history of crime, broken safety systems, or repeated tenant reports often strengthen a victim’s claim.
