Fort Myers, Cape Coral, and Lee County are among the fastest-growing regions in the United States. The resort communities of Fort Myers Beach, Sanibel, and Captiva, the rapidly expanding residential developments of Cape Coral and Lehigh Acres, the commercial corridors of US-41 and Colonial Boulevard, and the apartment complexes throughout the region all owe a legal duty to the people who enter their premises.

Hurricane Ian's catastrophic impact on Lee County in September 2022 added a new dimension to security risk: damaged lighting systems, compromised fencing, and properties left in disrepair during reconstruction created hazardous conditions throughout the region. Property owners who failed to restore adequate security measures after Hurricane Ian may face additional liability exposure for violent crimes that occurred during the reconstruction period.

When a property owner or manager fails to provide adequate security — and a guest, tenant, or visitor is shot, robbed, or assaulted as a result — Florida's negligent security law provides a path to compensation. At Juan Cordero Lawyers, we represent Southwest Florida victims of violent crime in negligent security cases throughout Lee, Collier, Charlotte, and Hendry Counties.

Negligent security is a form of premises liability. Under Florida law, property owners and managers owe a duty of reasonable care to people who enter their property. When the property is located in an area with a known history of criminal activity, that duty includes taking reasonable steps to prevent foreseeable criminal acts.

Foreseeability is the central concept in negligent security law. A property owner is not an insurer against all crime. But when prior incidents of crime on or near the property put the owner on notice that violent crime is a foreseeable risk, the owner has a duty to take reasonable security measures. Failure to do so — and a subsequent violent crime that causes injury or death — gives rise to a negligent security claim.

Dark parking lots, stairwells, and common areas are among the most common security failures in Lee County negligent security cases. Inadequate lighting creates concealment opportunities for criminals and reduces the deterrent effect of security measures. Post-Hurricane Ian, damaged lighting systems that were not repaired created additional hazards throughout the county.

Hotels, apartment complexes, and commercial properties in high-crime areas of Lee County often require security guards to meet the standard of reasonable care. The absence of security personnel — or the presence of untrained, unarmed, or inadequately supervised guards — can constitute negligent security.

Broken door locks, malfunctioning key card systems, propped-open security doors, and broken perimeter fencing allow unauthorized individuals to access areas where guests, tenants, and visitors have a reasonable expectation of safety. Post-Hurricane Ian, damaged fencing and access controls that were not repaired created additional liability exposure for property owners throughout Lee County.

Security cameras serve both a deterrent function and an investigative function. In high-crime areas, the absence of functioning surveillance cameras — or the failure to maintain and monitor existing cameras — can constitute negligent security.

The resort corridor along Fort Myers Beach and the island communities of Sanibel and Captiva operate hotels, condominiums, and resort properties that attract tourists and seasonal residents. Post-Hurricane Ian reconstruction has created additional security hazards at many of these properties. Property owners who failed to restore adequate security measures after the storm may face liability for violent crimes that occurred during the reconstruction period.

Cape Coral is one of the fastest-growing cities in the United States, with a large and rapidly expanding residential and commercial base. Apartment complexes in areas with elevated crime rates have a heightened duty to provide adequate security for their tenants. Common failures include broken perimeter fencing, malfunctioning entry systems, inadequate lighting, and absence of security personnel.

The commercial corridors along US-41 (Tamiami Trail) and Colonial Boulevard in Fort Myers include gas stations, convenience stores, motels, and retail properties that are frequent sites of robberies and assaults. Property owners who are aware of prior criminal incidents have a duty to take reasonable security measures.

Lehigh Acres is one of the largest unincorporated communities in Florida and has experienced significant growth in recent years. The area's mix of residential and commercial properties creates a range of negligent security exposure for property owners.

The downtown Fort Myers entertainment district — including the bars, restaurants, and entertainment venues along First Street and the Caloosahatchee Riverfront — attracts large crowds on weekend nights. Property owners in this area have a duty to provide adequate security during high-traffic periods.

Hurricane Ian made landfall in Lee County on September 28, 2022, as one of the most destructive hurricanes in Florida history. The storm caused widespread damage to security infrastructure throughout the county, including:

• Destroyed or damaged perimeter fencing and enclosures
• Damaged or non-functional lighting systems
• Broken or missing access control systems
• Properties left open and unguarded during the reconstruction period

Property owners who failed to restore required security measures after Hurricane Ian may be liable for violent crimes that occurred during the reconstruction period. If you were the victim of a violent crime at a property with storm-damaged security infrastructure, contact an attorney immediately to evaluate the property owner's liability.

Florida courts have recognized Crime Prevention Through Environmental Design (CPTED) principles as relevant to the standard of care in negligent security cases. CPTED evaluates whether the property's design — lighting, sight lines, fencing, landscaping, signage — deterred or facilitated the criminal act. Expert witnesses in negligent security cases often evaluate CPTED compliance as part of the liability analysis.

Under Florida law, a property owner's duty to provide security is triggered by foreseeability — whether the specific type of crime that occurred was foreseeable based on the prior criminal history of the property and the surrounding area. Evidence of prior similar incidents on the property is the most powerful evidence of foreseeability.

Florida's modified comparative fault rule (§768.81, Fla. Stat.), as amended by the 2023 tort reform (HB 837), bars recovery if the plaintiff is found to be more than 50% at fault. An experienced negligent security attorney can counter comparative fault arguments with evidence of the property owner's superior knowledge of the crime risk.

Under the 2023 tort reform (HB 837), the general personal injury statute of limitations in Florida was reduced from four years to two years from the date of the incident. This applies to negligent security claims. Do not delay — contact an attorney as soon as possible after a violent crime injury.

When a violent crime results in death, Florida's Wrongful Death Act (§768.16–768.26, Fla. Stat.) provides a separate cause of action. Recoverable damages include the mental pain and suffering of surviving family members.

Recoverable damages in negligent security cases include:

• Medical expenses — emergency care, surgeries, hospitalization, rehabilitation
• Lost wages and earning capacity — income lost during recovery and future earning capacity
• Pain and suffering — physical pain and emotional distress
• Mental anguish and PTSD — the psychological impact of surviving a violent crime
• Permanent scarring and disfigurement
• Loss of enjoyment of life
• Wrongful death damages — mental pain and suffering of surviving family members

Juan Cordero Lawyers represents Fort Myers and Lee County victims of violent crime in negligent security cases on a contingency fee basis — you pay nothing unless we win.

If you or a family member was shot, robbed, or assaulted at a Fort Myers hotel, apartment complex, or other property, call 305-525-8957 for a free consultation.

• What Is Negligent Security in Florida?
• Florida Negligent Security Lawyer
• Florida Hotel and Motel Shooting Liability
• Florida Wrongful Death Law
• Our Verdicts and Settlements
• Florida Statutes of Limitations for Injury Claims

• Fort Myers Slip and Fall Lawyer
• Fort Myers Medical Malpractice & HIE Lawyer
• Fort Myers Pool Drowning Lawyer
• Fort Myers Semi Truck Accident Lawyer
• Fort Myers Birth Injury Lawyer