After being hurt because of unsafe conditions on someone else’s property, it is normal to have questions about what happens next. You may be dealing with physical injuries, emotional stress, and uncertainty about your options. Berger & Hicks, P.A. helps people understand their rights after preventable harm and take steps toward holding negligent property owners accountable.
A property owner who lets crime foreseeably happen on their property may face financial responsibility for the injuries that follow.
Berger & Hicks, P.A. represents people hurt by preventable violence in apartment complexes, parking garages, and commercial properties throughout West Kendall and the surrounding South Miami-Dade area.
Many people assume a landlord automatically answers for any crime committed on their land. Florida law gives property owners a shield from liability if they install and maintain specific security measures, which means a negligent security claim turns on whether that property met the legal standard, not just on whether a crime occurred.
Sorting out whether a property owner cut corners on lighting, cameras, or locks requires reviewing incident reports, maintenance records, security footage, and prior crime history.
Call Berger & Hicks, P.A. at (305) 670-7050 or fill out the contact form to schedule a free consultation. You pay no attorney fee unless we recover compensation, and our firm advances the costs needed to investigate and prepare qualified claims.
Schedule Your ConsultationWhat Is A Negligent Security Claim In Florida?
A negligent security claim holds a property owner responsible when inadequate security measures allowed a foreseeable crime to injure a visitor, tenant, or guest.
Florida law requires property owners to take reasonable steps to protect people on their premises once a criminal act becomes foreseeable, based on the property's own history or its surrounding area.
Foreseeability drives most negligent security cases. A single random assault on a well-lit, well-monitored property looks different according to the law than an assault at a complex with a documented history of break-ins and a broken gate.
Courts and insurers weigh several factors when deciding whether a property owner should have anticipated the crime that caused an injury.
- Prior Criminal Activity: Police reports or incident logs showing earlier crimes on the same property or in the immediate area.
- Broken Or Missing Security Features: Non-functioning cameras, burnt-out lighting, or locks that were reported but never repaired.
- Inadequate Staffing: A lack of security personnel at a property that previously employed guards or patrols.
- Known Complaints: Tenant or guest complaints about safety concerns filed before the incident occurred.
These factors do not guarantee a claim on their own, but they build the foundation for showing a property owner had notice of a risk and failed to respond to it.
How Berger & Hicks, P.A. Approaches Negligent Security Cases In West Kendall
Martin Berger and Zachary Hicks review negligent security cases personally rather than routing them through a team of case managers. The firm holds an AV Preeminent rating from Martindale-Hubbell, the highest peer-review distinction available to a practicing attorney.
Zachary Hicks has more than 21 years of legal experience representing injured clients and has received recognition from Super Lawyers for his work in personal injury litigation.
Berger & Hicks, P.A. also provides Spanish-speaking representation for clients and families throughout West Kendall, South Miami-Dade, and nearby communities.
Thorough evaluation of your claim
Negligent security claims require pulling property records, incident histories, and maintenance logs from apartment complexes and commercial landlords who have little incentive to hand them over voluntarily.
Berger & Hicks, P.A. works these claims directly with the property owner, the management company, and their insurer.
The firm reviews each negligent security inquiry on its individual facts instead of accepting every case that comes through the door, which keeps its focus on properties where the evidence supports a real claim.
Clients in West Kendall, Homestead, and the surrounding South Miami-Dade communities work directly with the attorney handling their file from intake through resolution.
Who Can Be Held Liable For A Crime That Happened On Someone Else's Property?
Liability in a negligent security case falls on the property owner, the management company, or a hired security contractor, depending on who controlled the conditions that allowed the crime to happen.
Florida law allows a claim against any party whose failure to maintain reasonable security contributed to the injury.
Negligent security claims arise across a range of property types near West Kendall, and each type carries its own set of common failures.
- Apartment Complexes: Broken gate access, non-functioning cameras, or unlit parking areas near unit entrances.
- Parking Garages: Poor lighting, absent security patrols, or blind spots created by structural design.
- Shopping Plazas: Unsecured back entrances or a lack of visible security presence during evening hours.
- Hotels And Extended-Stay Properties: Malfunctioning door locks or unmonitored side entrances used by non-guests.
- Gas Stations And Convenience Stores: Absent cameras or poor exterior lighting in areas with a documented history of robbery.
The property type matters less than the specific security gap involved, since the same broken gate or dead camera creates liability whether it sits outside an apartment building or a strip mall storefront.
Does Florida Law Protect Property Owners From Negligent Security Claims?
Florida law gives multifamily property owners a legal presumption against liability when they substantially implement a specific list of security measures under Florida Statute 768.0706.
This presumption applies only to properties with at least three dwelling units on a single parcel, and the owner carries the burden of proving substantial compliance.
The statute lists the security measures a property must maintain to claim this protection.
- Security Cameras: A system at points of entry and exit that retains footage for at least 30 days.
- Parking Lot Lighting: Illumination meeting a specific brightness standard from dusk until dawn.
- Common Area Lighting: Lit walkways, porches, and laundry rooms during nighttime hours.
- Locking Hardware: Deadbolts at least one inch in length and working locks on windows and sliding doors.
- Employee Training: Crime deterrence and safety training completed within a set window after hire.
A property that falls short on even one of these measures may lose the presumption entirely, which is why a detailed comparison between the statute's requirements and the property's actual condition on the date of the incident matters in nearly every case.
How Long Do I Have To File A Negligent Security Claim In Florida?
Florida gives most negligent security claimants two years from the date of the incident to file a lawsuit, under Florida Statute 95.11. This two-year deadline applies to claims accruing on or after March 24, 2023, following the passage of House Bill 837, which cut Florida's general negligence deadline in half.
Florida also applies a modified comparative negligence rule to these claims. A claimant found more than 50 percent at fault for their own injury is barred from recovering damages, which makes early documentation of the property's security conditions important to countering any argument that shifts blame onto the injured person.
Missing the two-year deadline generally bars the claim entirely, regardless of how strong the underlying facts were. Property owners and their insurers know this deadline exists and often slow-walk communication in the hope that a claimant runs out the clock.
What Compensation is Available After a Negligent Security Injury?
Compensation in a Florida negligent security case generally falls into categories tied to the financial and physical impact of the injury. The value of any claim depends on the medical records, lost income documentation, and the severity of the harm caused by the crime.
A person injured by a preventable crime on someone else's property may recover several types of damages.
- Medical Expenses: Costs connected to emergency treatment, surgery, and any ongoing rehabilitation.
- Lost Wages: Income missed during recovery, along with reduced future earning capacity for serious injuries.
- Pain And Suffering: Physical pain and emotional distress connected to the assault and its aftermath.
- Property Damage: Costs tied to personal property lost or destroyed during the incident.
- Wrongful Death Damages: Funeral expenses and loss of support when a negligent security incident results in a death.
Each category requires its own documentation, and a claim's total value generally reflects how thoroughly that documentation gets gathered rather than the severity of the crime alone.
How Do Property Insurers Respond To Negligent Security Claims?
Property insurers typically assign a claims adjuster to a negligent security case as soon as notice of the incident arrives, and that adjuster's job is to limit what the insurer ultimately pays. Commercial and multifamily property insurers use several recurring tactics once a claim gets filed.
- Early Settlement Offers: A quick, low offer made before the full scope of medical treatment is known.
- Blaming The Victim: Arguments that the claimant's own actions, such as being present after dark, contributed to the harm.
- Disputing Foreseeability: Claims that the property had no prior history of crime, even when incident logs suggest otherwise.
- Invoking The 768.0706 Presumption: Assertions that the property substantially complied with the statute's security requirements, whether that is accurate.
- Delaying Document Production: Slow responses to requests for maintenance records, camera footage, or prior incident reports.
None of these tactics reflect a final determination of what the claim is worth. They reflect a starting position from a party whose financial interest runs against the injured person's.
FAQ For West Kendall Negligent Security Lawyers
Can I sue an apartment complex if I was attacked in the parking lot?
Yes, you may be able to sue an apartment complex if broken lighting, non-functioning cameras, or other inadequate security measures made the attack foreseeable and preventable. The complex's security condition on the date of the incident determines whether a claim exists.
What if the property says it followed all the required security rules?
A property owner's own claim of compliance is not the final word on the matter. Florida law places the burden on the owner to prove substantial compliance with the security requirements, and that proof gets tested against maintenance records, camera logs, and inspection history.
Does it matter if the crime was committed by someone who didn't live at the property?
No, a negligent security claim does not require that the person who committed the crime lived at or worked at the property. It depends on whether the property owner's security failures made the crime possible.
I was assaulted at a gas station with no working cameras. Do I have a case?
Maybe, depending on whether the location had a documented history of crime and whether the missing cameras represented a departure from what a reasonably careful property owner would maintain. A review of the location's incident history helps answer this directly.
Is a landlord automatically responsible if a tenant gets hurt during a break-in?
No, a landlord is not automatically responsible for every break-in or assault on their property. Liability generally depends on whether the crime was foreseeable and whether the landlord failed to maintain reasonable security measures in response to that risk.
Do I need proof of prior crimes at the property to file a negligent security claim?
No, though prior crime history strengthens a foreseeability argument considerably. Some claims succeed based on obvious security failures alone, such as a broken gate or non-functioning lighting in an area with an inherent risk of crime.
Can I still file a claim if the police never caught the person who attacked me?
Yes, you may still file a negligent security claim even if the person who committed the crime was never identified or arrested. The claim targets the property owner's security failures, not the criminal responsible for the assault.
What happens if the property owner claims I was trespassing at the time?
This depends on the specific facts of your presence on the property at the time of the incident. Florida law treats invited guests, tenants, and paying customers differently than trespassers for purposes of a negligent security claim.
How much does it cost to have Berger & Hicks, P.A. review my negligent security case?
Reviewing a negligent security inquiry with Berger & Hicks, P.A. starts with a free consultation. You do not pay an attorney fee unless the firm recovers compensation for your case. When the firm takes on a claim, it advances the necessary case costs involved in preparing the matter.
Get Your West Kendall Negligent Security Case Reviewed
Security failures rarely show up in an incident report the way they show up in person, on camera footage, and in maintenance logs the property would rather not release. Martin Berger and Zachary Hicks review these details directly with clients from South Miami-Dade and the surrounding communities.
Call Berger & Hicks, P.A. at (305) 670-7050, submit the contact form on this page, or visit the firm at 9700 South Dixie Highway, Suite 850, Miami, FL 33156 to discuss what happened.
Consultations are free, there is no attorney fee unless we recover compensation, and the firm advances case-related costs when it accepts a negligent security claim.
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