When a property owner ignores foreseeable security risks, and someone is injured as a result, the owner can be held legally accountable. Negligent security claims target property owners, landlords, and business operators for failing to prevent crimes that were reasonably preventable on their premises.
If you suffered an injury because a property owner failed to implement adequate security measures, the legal team at Berger & Hicks, P.A. is ready to help.
Our Homestead negligent security lawyers proudly serve Homestead, West Kendall, and South Miami-Dade. We pursue the compensation you deserve on a contingency fee arrangement, meaning you owe us nothing unless we successfully win your case.
Contact us today at (305) 670-7050 for a complimentary case review.
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What Sets Berger & Hicks, P.A. Homestead Negligent Security Attorneys Apart?
Negligent security claims require a different approach than standard premises liability cases. These cases often involve criminal incident records, police reports, property inspection histories, and testimony from security consultants. At Berger & Hicks, P.A., we manage the full process so you do not have to relive the incident while also fighting for compensation.
At most firms, a case manager handles daily updates, and a lawyer only reviews the file before a settlement. Berger & Hicks, P.A. operates differently. Partners Martin Berger and Zachary Hicks personally review your evidence and make the strategic decisions. They take your calls, ensuring you are never handed off to a rotating team.
Property owners and their insurers pay close attention to claims filed by lawyers who actually go to trial. Martin Berger and Zachary Hicks have both presented cases to Miami-Dade County juries. This combined trial experience influences how opposing counsel evaluates your claim.
Martin Berger brings 32 years of courtroom experience and an AV Preeminent rating. Zachary Hicks brings 21 years of experience and Super Lawyers recognition. When settlement offers fall short, we are prepared to take your case to trial.
We serve clients in both English and Spanish. This allows our firm to handle all negligent security consultations and legal proceedings in either language. Consultations are free, and we advance all case costs. You pay no fee unless we successfully recover compensation for you.
Schedule Your Free Consultation Now →What Is a Negligent Security Claim Under Florida Law?
Negligent security is a category of premises liability that applies when a property owner's failure to provide adequate safety measures contributes to a criminal act that injures someone. Property owners owe a legal duty of care to people on their premises. That duty includes taking reasonable steps to prevent foreseeable criminal activity.
What Must Be Proven in a Negligent Security Case?
A negligent security claim in Florida requires proof of four elements. The injured person must show that:
- The property owner owed a duty of care
- The owner breached that duty by failing to provide reasonable security
- The owner’s failure to provide reasonable security helped cause the injury
- The injured person suffered actual damages as a result
But, foreseeability is the factor that separates a negligent security claim from an unpredictable, isolated crime.
A property owner may be held liable when the criminal act was reasonably foreseeable based on conditions the owner knew about or should have recognized. Prior crimes on the property, a pattern of criminal activity in the surrounding area, or visible security failures, such as broken locks and non-functioning cameras, may all support foreseeability.
A Homestead apartment complex with a documented history of break-ins, for example, faces a stronger argument that future criminal acts were foreseeable.
How Did HB 837 Change Negligent Security Law in Florida?
Florida's 2023 tort reform law introduced several changes that directly affect negligent security claims. The most significant is the creation of Florida Statute § 768.0706, which gives multifamily residential property owners a presumption against liability if they substantially implement specific security measures.
What Is the Presumption Against Liability for Apartment Owners?
Under § 768.0706, the owner or principal operator of a multifamily residential property that substantially implements specified security measures has a presumption against liability for criminal acts committed by third parties who are not employees or agents of the owner.
This presumption is not automatic. The property owner bears the burden of proving they actually implemented the required measures.
What Security Measures Does § 768.0706 Require?
The statute lists seven physical security conditions under § 768.0706(2)(a) that a multifamily property must substantially implement, along with two additional requirements for a CPTED assessment and employee training.
The seven physical security measures include:
- Security cameras at points of entry and exit that record and maintain retrievable video footage for at least 30 days
- Parking lot lighting illuminated at a minimum average of 1.8 foot-candles per square foot at 18 inches above the surface from dusk until dawn
- Lighting in walkways, laundry rooms, common areas, and porches illuminated from dusk until dawn
- At least a one-inch deadbolt in each dwelling unit door
- Locking devices on each window, each exterior sliding door, and any non-community-use doors
- Locked gates with key or fob access along pool fence areas
- A peephole or door viewer on each dwelling unit door that does not include a window or have a window beside it
Beyond those seven items, property owners must also complete a CPTED (Crime Prevention Through Environmental Design) assessment performed by a qualified practitioner or law enforcement agency. That assessment may not be more than three years old.
Property owners must also provide crime deterrence and safety training to employees, reviewed and updated at least every three years.
Even with these protections, the presumption is rebuttable. An attorney may still pursue a negligent security claim against a Homestead apartment complex by demonstrating that the property owner's implementation was incomplete, that known risks went unaddressed, or that the measures in place failed to function as intended.
Does the Presumption Apply to All Property Types?
No. The presumption under § 768.0706 applies only to multifamily residential properties consisting of at least five dwelling units on a particular parcel. Commercial properties, hotels, shopping centers, single-family rentals, and parking structures are not covered by this provision.
What Compensation Can You Recover for a Negligent Security Injury?
Criminal attacks on negligent properties produce harm that goes beyond the physical injuries. Assaults, robberies, and sexual crimes often leave lasting psychological damage that affects every part of a person's daily life. The compensation available in a negligent security case reflects both the immediate and long-term consequences of the attack.
A successful Homestead negligent security claim may include compensation for:
- Emergency medical treatment, hospitalization, surgery, and ongoing rehabilitation for injuries such as fractures, stab wounds, gunshot injuries, or traumatic brain injuries
- Mental health counseling and treatment for post-traumatic stress disorder, anxiety, depression, sleep disturbances, and fear of returning to familiar environments
- Lost wages from missed work during both physical and psychological recovery
- Reduced earning capacity if physical limitations or trauma-related conditions prevent a return to prior employment
- Pain and suffering, emotional distress, loss of sense of security, and diminished quality of life
- Relocation costs when the injured person is no longer able to safely remain at the property where the attack occurred
The psychological impact of a criminal attack on a negligent property may persist long after physical injuries heal. An experienced Homestead negligent security attorney evaluates your damages, including future treatment needs, protecting you from low initial settlement offers that barely cover initial medical bills.
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Q: Does a property owner in Homestead have to hire security guards to avoid liability?
A: No. Florida law does not require every Homestead property owner to hire security guards. The duty is to provide reasonable security based on the property type and foreseeable risks. For some properties, adequate lighting, working locks, and cameras may be enough. For properties with a history of violent crime, reasonable care may require additional measures.
Q: What if the person who attacked me was never caught or charged?
A: You may still have a claim. A negligent security claim does not require a criminal conviction or even an arrest of the attacker. The civil case focuses on the property owner's failure to provide reasonable security, not on the criminal prosecution of the person who committed the act. Police reports and evidence of the crime itself may be sufficient to pursue the claim.
Q: Does a Homestead apartment complex's compliance with § 768.0706 mean I have no case?
A: Not necessarily. Compliance with the security measures in Florida Statute § 768.0706 creates a presumption against liability, but that presumption is rebuttable. If the property owner's implementation was incomplete, if security equipment was non-functional, or if known risks went beyond what the listed measures address, a negligent security claim may still have merit.
Where Do Negligent Security Injuries Happen in Homestead?
Negligent security claims arise on many types of properties across Homestead and South Miami-Dade. The duty to provide reasonable security applies to both commercial and residential property owners, though the level of security expected may differ based on the type of property and its surroundings.
Apartment Complexes and Rental Properties
Apartment complexes, townhome communities, and rental properties are among the most common sources of negligent security claims in Homestead. Broken gate locks, non-functioning access controls, unlit parking areas, and absent security patrols may leave tenants vulnerable to burglaries, assaults, and robberies.
Landlords and property management companies that fail to address known security gaps may face liability when tenants or their guests are harmed.
Retail Stores and Shopping Centers
Shopping centers, strip malls, and standalone retail businesses along corridors like U.S. 1 and Krome Avenue owe a duty to maintain reasonably safe conditions for customers. Poorly lit parking lots, absent or non-functioning security cameras, and a lack of security presence during evening hours may all contribute to a negligent security claim.
Hotels, Motels, and Hospitality Properties
Hotels and motels have a heightened duty to protect guests because guests are especially vulnerable in unfamiliar surroundings. Broken room locks, missing deadbolts, inadequate hallway lighting, and a failure to screen access to guest floors may support a negligent security claim if a guest is assaulted, robbed, or otherwise harmed.
Parking Garages and Public Lots
Parking garages and surface lots are common locations for assaults, carjackings, and robberies. Property owners who fail to install adequate lighting, surveillance cameras, or emergency call stations in these structures may be held responsible when foreseeable crimes occur.
Answers to Your Homestead Negligent Security Claim Questions
How do I know if I have a negligent security claim or just a criminal case?
A criminal case and a negligent security claim serve different purposes. The criminal case holds the attacker accountable through the justice system. A negligent security claim holds the property owner accountable in civil court for failing to provide reasonable security. You may pursue both at the same time. The civil case does not depend on the outcome of the criminal case.
What role do prior crimes on a property play in a negligent security claim?
Prior crimes on a Homestead property may be one of the strongest pieces of evidence in a negligent security case. A pattern of criminal activity on or near the property supports the argument that future crime was foreseeable. Police call logs, tenant incident reports, and crime mapping data may help establish that the property owner knew of the risk and failed to act.
Does my renter's insurance or health insurance affect a negligent security claim?
Not usually. Renter's insurance and health insurance do not prevent you from filing a negligent security claim against a property owner. These policies may cover some immediate expenses, but a negligent security claim seeks compensation from the party whose failure contributed to the crime.
How long do I have to file a negligent security claim in Homestead?
The statute of limitations for negligent security claims in Florida is two years from the date of injury under Florida Statute § 95.11. Missing this deadline may permanently bar the claim, regardless of how severe the injuries are.
Does Florida's comparative negligence rule affect negligent security claims?
Yes, Florida's comparative negligence rule applies to negligent security claims. Under Florida Statute § 768.81, any person found more than 50% at fault for their own injury is completely barred from recovering damages. If your fault is 50% or less, your compensation is reduced proportionally by your share of responsibility.
Protect Your Rights After a Negligent Security Injury in Homestead, Call Berger & Hicks, P.A.
Evidence in negligent security cases disappears quickly. Surveillance footage gets overwritten. Security logs get discarded. Witnesses move or forget details. Property owners may repair security failures without documenting the prior condition. These realities make early legal consultation critical.
Berger & Hicks, P.A. offers free consultations and takes negligent security cases on a contingency fee basis. Call us at (305) 670-7050 to speak with our Homestead negligent security lawyers. Hablamos español.
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