Miami-Dade negligent security lawyers at Berger & Hicks represent people hurt by a criminal act, such as an assault, robbery, or shooting, that happened because a property owner failed to provide reasonable security. A negligent security claim targets the property owner's failure to prevent a foreseeable crime, not the criminal act itself.
A criminal act on someone else's property does not excuse the property owner from responsibility, when that property owner ignored warning signs a crime was coming. Miami-Dade negligent security lawyers at Berger & Hicks build these cases around what the property owner knew and failed to fix, not around catching the person who committed the crime.
Martin Berger and Zachary Hicks review the property's crime history and security records directly in every case.
Call (305) 670-7050 for a free, confidential, case review.
How Does Berger & Hicks Build Negligent Security Cases?
Berger & Hicks requests police call logs, prior incident reports, and security records early in a negligent security case, since that history determines whether the crime was foreseeable to the property owner. Martin Berger and Zachary Hicks review that history personally before deciding how to build a case.
That focus on crime history shapes the rest of the case from the first records request forward.
Requesting Police Call Logs and Prior Incident Reports Early
Berger & Hicks files public records requests for police call logs at a property location, along with any prior incident reports the property owner kept. These records establish a pattern of criminal activity the property owner knew about before the case reaches a security expert.
Trial-Ready Partners Against Commercial Property Insurers
Martin Berger and Zachary Hicks bring close to fifty years of combined litigation experience to a negligent security case, and both partners try cases in front of a jury when a commercial property insurer disputes foreseeability without a factual basis.
What Makes a Property Owner Responsible for a Crime Committed by Someone Else?
A property owner becomes responsible for a crime committed by a third party when the crime was foreseeable and the property owner failed to take reasonable security measures in response. Florida law does not make a property owner an insurer of visitor safety, but it does require reasonable precautions once criminal activity becomes foreseeable at that location.
Foreseeability comes from a pattern, not a single incident: prior crimes at the same property, similar crimes nearby, or the type of business itself. A gas station open at night in a high-crime corridor carries a different foreseeability analysis than an office building with no reported incidents.
The Criminal Act Does Not Have to Be Solved for a Claim to Move Forward
A negligent security claim targets the property owner's failure to prevent a foreseeable crime, not the criminal act itself. An unidentified or unconvicted attacker does not stop a claim against the property owner from moving forward, since the property owner's own conduct is what is at issue.
What Security Failures Lead to a Miami-Dade Negligent Security Claim?
Broken lighting, unsecured entry points, absent security personnel, and non-functioning cameras lead to negligent security claims across Miami-Dade. Each failure type points to a different fix the property owner did not make.
- Broken or missing lighting in parking lots and stairwells removes a basic deterrent to criminal activity.
- Unsecured gates, broken locks, or propped-open doors let someone bypass the access control a property advertised.
- Absent or reduced security personnel leaves a property without the patrol pattern its own policies called for.
- Non-functioning security cameras remove both a deterrent and a source of evidence after an incident.
- Overgrown landscaping near entrances and walkways creates hiding spots that routine maintenance removes.
Each of these failures connects to a specific decision or budget cut the property owner made, which is why a negligent security case turns on internal maintenance and security records.
Where Do Negligent Security Claims Come From Across Miami-Dade Properties?
Negligent security claims come from a range of property types across Miami-Dade, each with its own foreseeability pattern. The type of property shapes what evidence matters most.
| Property Type | Common Security Gap | Foreseeability Factor |
|---|---|---|
| Apartment complexes and gated communities | Broken gates, non-functioning cameras | Prior break-ins or assaults on the same property |
| Shopping plazas and parking lots | Poor lighting, no security patrol | Reported crime at the same plaza or nearby businesses |
| Gas stations and convenience stores | Limited staff, unsecured back entrances | Robberies or assaults reported at the same location |
| Hotels and short-term rentals | Unsecured room access, absent front desk security | Prior guest complaints or reported incidents on-site |
| Nightclubs and bars | Inadequate security staff for occupancy | Fights or assaults reported during business hours |
How Do You Prove a Crime Was Foreseeable to the Property Owner?
Proving foreseeability in a Miami-Dade negligent security claim comes down to documenting what the property owner knew, or had access to know, before the crime happened. That evidence comes from records the property owner or local police already keep.
- Police call logs for the property address show prior crimes reported at that exact location.
- Prior incident reports filed by tenants, employees, or security staff document earlier problems.
- Crime data for the surrounding area establishes a broader pattern beyond the property itself.
- Security company proposals or recommendations the property owner declined show gaps the owner knew about.
- Employee or tenant complaints about safety concerns raised before the incident support a knowledge argument.
How Long Do You Have to File a Negligent Security Claim in Florida?
Florida law gives an injured person 2 years from the date of the incident to file a negligent security claim, under Florida Statute 95.11. A claim against a government-owned property, such as a public housing complex or a transit station, involves a separate notice requirement under Florida's sovereign immunity rules.
Negligent security lawsuits in Miami-Dade County are filed with the Miami-Dade Clerk of the Courts, which handles civil filings for the Eleventh Judicial Circuit.
What Defenses Do Property Owners Raise in a Negligent Security Case?
Property owners and their insurers raise a consistent set of defenses in a negligent security case, most built around disputing foreseeability or shifting fault to the victim. Recognizing these arguments early shapes what evidence a claim needs.
Florida's modified comparative negligence rule under Florida Statute 768.81 reduces compensation by the injured person's share of fault, and bars recovery entirely for someone found more than 50 percent responsible.
- The no prior incidents defense argues that nothing at the property put the owner on notice of a crime risk.
- The sudden act defense argues that the crime happened too fast for any security measure to prevent it.
- The intervening cause defense argues that the criminal's own decision breaks the chain of responsibility back to the property owner.
- The victim conduct defense argues that the injured person's own actions contributed to the incident.
- The third-party security contractor defense argues that a hired security company, not the property owner, bears responsibility for the gap.
None of these defenses ends a claim automatically, but each one identifies exactly what evidence the claim needs to counter it directly.
What Do You Do After an Assault or Shooting on Someone's Property, Once You're Safe?
Filing a police report and requesting the property's incident history protect both your safety and a future negligent security claim. These steps apply once you are safe and any emergency medical needs are addressed.
- File a police report documenting the exact location, time, and circumstances of the incident.
- Photograph the security conditions at the scene, including lighting, locks, cameras, and any signage about security.
- Get contact information for witnesses, including other tenants, customers, or employees present at the time.
- Request medical treatment and keep records of every visit connected to the injury.
- Contact a lawyer before speaking with the property owner's insurer about what happened.
What Compensation Is Available in a Negligent Security Claim?
A negligent security claim covers medical expenses, lost income, and the physical and emotional impact of the injury. An injured person may be entitled to compensation once the property owner's negligence and the resulting harm are proven, though Florida law does not guarantee a specific dollar amount.
- Medical expenses cover emergency treatment, surgery, and any ongoing psychological or physical care.
- Lost income accounts for time away from work during recovery.
- Pain and suffering reflects the physical and emotional impact of a violent crime, not just the physical injury alone.
- Permanent impairment adds to a claim's value when the injury causes a lasting limitation.
- Wrongful death damages apply when a family member dies because of a crime the property owner failed to prevent, under Florida's Wrongful Death Act.
Documentation of the incident and the property's security history affects the value of each of these categories more than the severity of the crime alone.
What Does It Cost to Hire a Negligent Security Lawyer in Miami-Dade?
Hiring a negligent security lawyer at Berger & Hicks costs nothing upfront, since the firm handles these cases on a contingency fee basis. Legal fees come out of a settlement or verdict, not out of pocket, and a free case review carries no obligation.
Ask Berger & Hicks About Negligent Security Claims in Miami-Dade
Do I have a case if the property has security cameras but they weren't recording?
Non-functioning security cameras do not end a negligent security claim, and a broken camera system becomes part of the claim itself when the property owner knew the equipment was down. Other evidence, like witness statements and police reports, fills the gap left by missing footage.
What if the crime happened in a parking garage instead of inside the building?
A crime in a parking garage falls under the same negligent security framework as one inside a building, since the property owner controls both spaces. Parking areas carry their own foreseeability analysis, centered on lighting, camera coverage, and how isolated the area is from foot traffic.
Do I have a claim if I was a guest, not a tenant, at the property where I was hurt?
A guest injured on a property has the same negligent security claim available to a tenant or customer, since the property owner's duty extends to people lawfully on the premises. The relationship between the injured person and the property affects the analysis, but it does not automatically block a claim.
What if the property owner says a third-party security company was responsible for safety?
A property owner hiring a third-party security company does not automatically transfer full responsibility away from the owner, since the owner generally retains a duty to keep the premises reasonably safe. A claim names both the property owner and the security contractor when the contract between them assigns shared responsibility.
How long does a negligent security case in Miami-Dade take to resolve?
A negligent security case in Miami-Dade takes between one and two years to resolve, depending on the records request process and medical treatment length. A case that proceeds to trial takes longer than one resolved through settlement.
Do I need to know who committed the crime to file a claim?
No, identifying the person who committed the crime is not required to file a negligent security claim, since the claim targets the property owner's own conduct. An unsolved crime does not prevent a claim against the property owner from moving forward.
What if I was hurt on the property but the crime happened to someone else first?
A prior crime against someone else on the same property does not create your claim by itself, but it does support the foreseeability argument in your own case. Your claim still requires proof that the property owner failed to respond to that pattern.
Do I have a case if the property posted a sign about "enter at your own risk"?
A sign disclaiming responsibility does not waive a property owner's duty to provide reasonable security under Florida law. Posting a warning does not replace the security measures the law requires once a crime becomes foreseeable.
What if the attacker was never caught by police?
An uncaught attacker does not end a negligent security claim, since the claim proceeds against the property owner rather than the person who committed the crime. The property owner's security failures remain the central issue regardless of the criminal investigation's outcome.
Take Action on a Miami-Dade Negligent Security Claim Before Records Disappear
Security footage gets overwritten, incident reports get filed away, and police call logs become harder to piece together the longer a records request waits.
Berger & Hicks reviews Miami-Dade negligent security claims directly with Martin Berger or Zachary Hicks, filing records requests for the property's crime history before that evidence gets harder to reach.
Call (305) 670-7050 for a free, confidential conversation with our lawyers.