Orlando Apartment Complex Shooting: When Can Victims Sue for Negligent Security?
A deadly shooting at an Orlando apartment complex left one dead and another hospitalized. If you or a loved one was injured in a similar incident, Florida law may allow you to hold the property owner accountable.
Orlando Apartment Complex Shooting: When Can Victims Sue for Negligent Security?
A deadly shooting at an apartment complex in Orlando left one person dead and another hospitalized with serious injuries, according to the Orlando Police Department. Incidents like this are a tragic reminder that violent crime on residential and commercial properties is not always random — and not always unpreventable.
If you or a loved one has been injured in a similar incident at an apartment complex or commercial property, Florida law may give you the right to hold the property owner accountable. This is known as a negligent security claim — a form of premises liability that applies when a property owner's failure to provide adequate security contributes to a violent crime.
What Is Negligent Security?
Negligent security is a legal theory that holds property owners and managers responsible when their failure to implement reasonable security measures allows a foreseeable crime to occur on their property.
Under Florida law, property owners — including apartment complex owners and management companies — owe a duty of care to residents, guests, and visitors. That duty includes taking reasonable steps to protect people from foreseeable criminal activity.
When they fail to meet that duty, and someone is injured or killed as a result, the property owner can be held civilly liable for damages.
How Does This Apply to Apartment Complex Shootings?
Apartment complexes are among the most common locations for negligent security claims in Florida. Residents and guests have a reasonable expectation of safety in the places they live and visit. When a shooting, assault, or robbery occurs on the property, the first question a personal injury attorney will ask is:
Was this crime foreseeable — and did the property owner fail to take reasonable steps to prevent it?
Foreseeability is the cornerstone of a negligent security claim. Courts look at factors such as:
- Prior criminal incidents on or near the property (police reports, incident logs)
- Whether the property was in a high-crime area known to management
- The adequacy of existing security measures — lighting, fencing, cameras, security guards, access controls
- Whether management had received complaints about safety or prior incidents
If the property had a history of violent incidents and the owner failed to respond with adequate security measures, that is powerful evidence of negligence.
Common Security Failures at Apartment Complexes
In negligent security cases involving apartment shootings, attorneys typically investigate whether the property owner failed to provide:
- Adequate lighting in parking lots, walkways, stairwells, and common areas
- Functioning security cameras (CCTV) covering entry points and common areas
- Controlled access — working gates, key fob entry, or security personnel at entrances
- On-site security guards or regular patrols, particularly in high-crime areas
- Prompt response to prior incidents — did management know about previous shootings, assaults, or threats?
- Proper screening of residents and enforcement of lease terms related to criminal activity
Any one of these failures, if it contributed to the shooting, can form the basis of a negligent security claim.
Who Can Be Held Liable?
In an apartment complex shooting, multiple parties may bear legal responsibility:
- The property owner — the individual or company that owns the complex
- The property management company — if a third-party manager was responsible for security decisions
- Security contractors — if a private security firm was hired and failed to perform its duties
Florida's comparative negligence law (§768.81) allows victims to recover damages even if they were partially at fault — as long as their percentage of fault does not exceed 50%.
What Damages Can Victims Recover?
Victims of apartment complex shootings who pursue a negligent security claim may be entitled to recover:
- Medical expenses — emergency care, surgery, hospitalization, rehabilitation
- Future medical costs — ongoing treatment for permanent injuries
- Lost wages — income lost during recovery
- Loss of future earning capacity — if injuries prevent returning to work
- Pain and suffering — physical pain and emotional trauma
- Mental anguish — PTSD, anxiety, depression resulting from the incident
- Wrongful death damages — if a loved one was killed, surviving family members may pursue a wrongful death claim
The Importance of Acting Quickly
Evidence in negligent security cases disappears fast. Security camera footage is often overwritten within 30 to 72 hours. Incident reports get filed away. Witnesses move on.
Florida's statute of limitations for personal injury claims is 2 years from the date of injury (§95.11(3)(a)). For wrongful death claims, the deadline is also 2 years from the date of death (§95.11(4)(d)).
Do not wait. The sooner an attorney can investigate, preserve evidence, and identify all responsible parties, the stronger your case will be.
Florida Case Law: The Foreseeability Standard
Florida courts have consistently held that property owners can be liable for criminal acts on their property when those acts were foreseeable. The landmark case Holiday Inns, Inc. v. Shelburne established that prior similar crimes on or near a property are strong evidence of foreseeability.
More recently, Varone v. Publix Super Markets reinforced that even a single prior incident can establish foreseeability if the property owner had actual or constructive knowledge of the danger. Our firm has written extensively about this case — read our full analysis here.
What to Do If You Were Injured at an Apartment Complex
If you or a loved one was injured in a shooting, assault, or other violent crime at an apartment complex or commercial property in Florida, take these steps immediately:
- Seek medical attention — your health comes first, and medical records document your injuries
- Call the police — make sure an official report is filed
- Preserve evidence — photograph the scene, your injuries, and any visible security failures (broken lights, missing cameras, unsecured gates)
- Get witness information — names and contact details of anyone who saw what happened
- Do not speak to the property's insurance company without an attorney
- Contact a Florida negligent security attorney immediately
Contact Juan Cordero Lawyers — Free Consultation
At Juan Cordero Lawyers, we have extensive experience handling negligent security cases throughout Florida — including apartment complex shootings, hotel assaults, parking garage attacks, and bar and nightclub violence.
Attorney Juan J. Cordero is a Top 100 Trial Lawyer with 26+ years of experience fighting for injured Floridians. We handle all negligent security cases on a contingency fee basis — you pay nothing unless we win.
Call us 24/7 at 305-525-8957 for a free, confidential consultation.
If you or a loved one has been injured in a similar incident at an apartment complex or commercial property, contact our office today to discuss your legal rights and options.
Related: Why You Need Florida's Best Negligent Security Lawyers — CPTED-Trained, DCA-Ready, and Built to Beat the Foreseeability Defense | What Is Negligent Security in Florida? | Negligent Security Injury Claim: Florida Victim's Guide | Varone v. Publix: Foreseeability in Florida Negligent Security Cases
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Written by
Juan Cordero Lawyers
Personal injury attorney with 26+ years of experience. Combat veteran, Adjunct Professor of Law, and Top 100 Trial Lawyer fighting for injured clients throughout Florida.
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