A shooting at Victory Pointe has left victims and their families searching for answers — and for justice. While law enforcement pursues the criminal case, a separate and equally important question demands attention:

Could the property owner be held legally responsible for failing to prevent this violence?

Under Florida premises liability law, the answer is often yes. At Juan Cordero Lawyers, we have recovered millions of dollars for shooting victims and their families at apartment complexes, hotels, and commercial properties across Florida. See our results →

This article explains exactly how a negligent security claim works, what evidence matters most, and why acting immediately is critical to protecting your rights.

A negligent security claim is a form of premises liability that holds property owners accountable when their failure to provide adequate security allows a foreseeable violent crime to occur on their property.

Florida law imposes a clear duty on property owners — including apartment complex owners and management companies — to take reasonable steps to protect residents, guests, and visitors from foreseeable criminal activity. When they fail to meet that duty, and someone is shot, assaulted, or killed as a result, the property owner can be held civilly liable for damages.

This is not a theory. It is established Florida law, applied in courtrooms across the state every year.

Many victims and families assume that because a criminal pulled the trigger, only the criminal is responsible. Florida law says otherwise.

A property owner who profits from tenants and visitors — and who knows or should know that violent crime is a foreseeable risk on their property — has a legal obligation to invest in security measures proportionate to that risk. When they cut corners, ignore warning signs, or simply fail to act, they become a contributing cause of every violent crime that follows.

In Florida civil courts, the shooter's liability and the property owner's liability are evaluated independently. Even if the shooter is convicted and sentenced, the property owner can still be held responsible for creating the conditions that made the crime possible.

And critically: a judgment against a property owner is collectible. Property owners carry insurance. They have assets. A judgment against a shooter who has nothing is worth nothing. A judgment against a negligent property owner can actually compensate a family for what they have lost.

The cornerstone of a negligent security claim in Florida is foreseeability. The question courts ask is:

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, 576 So. 2d 322 (Fla. 4th DCA 1991), established that a business owner can owe a duty to invitees even outside its strict property boundaries when it creates a foreseeable zone of risk — such as directing guests to an unlit, unmonitored area without adequate security. Varone v. Publix Super Markets (Fla. 3d DCA) reinforced that plaintiffs must present specific, admissible evidence of prior criminal incidents — not just a general showing that crime exists in the area — to establish that the owner had actual or constructive knowledge of the danger.

Evidence used to establish foreseeability at a property like Victory Pointe includes:

• Prior police calls to the property — every 911 call, every officer dispatch, every incident report going back years
• Crime statistics for the surrounding area — documented patterns of violence in the neighborhood
• Prior incidents reported to management — complaints from residents, prior assaults, prior shootings
• The property's history of security failures — broken gates, inoperable cameras, inadequate lighting
• Any prior lawsuits or insurance claims involving violence on the property

If Victory Pointe had a documented history of violent incidents — and management failed to respond with meaningful security upgrades — that is powerful, potentially case-winning evidence of negligence.

When we investigate a shooting at an apartment complex, we examine every layer of the property's security infrastructure. The most common failures we find include:

Dark parking lots, unlit stairwells, and poorly lit walkways create the cover that violent criminals rely on. Florida courts have found that inadequate lighting alone can establish negligence when it contributes to a foreseeable crime.

CCTV systems are both a deterrent and an investigative tool. When cameras are broken, pointed in the wrong direction, or simply never installed in critical areas, the property owner has failed a basic security obligation — and destroyed evidence that could have identified the perpetrator.

Gates that don't lock, key fob systems that haven't worked in months, and doors propped open by residents are all security failures that allow unauthorized individuals onto the property. Controlled access is one of the most effective deterrents to violent crime at residential complexes.

In high-crime areas or properties with documented histories of violence, the absence of security guards — or the presence of untrained, unarmed guards without authority to act — can constitute negligence. A security presence deters crime. Its absence invites it.

This is often the most damning evidence in a negligent security case. If management received complaints about safety, was notified of prior assaults or shootings, or was aware of criminal activity on the property — and did nothing — that knowledge transforms a tragic incident into a preventable one.

Apartment complexes have the ability to conduct background checks on prospective tenants and to enforce lease provisions prohibiting criminal activity. When management ignores these tools, they may be contributing to the very conditions that lead to violence.

In a shooting at Victory Pointe or any Florida apartment complex, multiple parties may bear legal responsibility:

• The property owner — the individual, LLC, or corporation that holds title to the complex
• The property management company — if a third-party manager was responsible for security decisions and operations
• The security contractor — if a private security firm was hired and failed to perform its duties
• The parent company or investor group — if the complex is part of a larger portfolio managed by a corporate entity

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%. This means that even in complex cases, victims often have a path to recovery.

One of the most important steps in any negligent security case is tracing the full ownership chain. Apartment complexes are frequently owned by LLCs, REITs, or management companies that obscure who is actually responsible. We investigate every layer of ownership to ensure all responsible parties are named and held accountable.

Victims of shootings at apartment complexes who pursue a negligent security claim may be entitled to recover:

• Emergency medical expenses — ambulance, emergency room, surgery, ICU
• Future medical costs — ongoing treatment, physical therapy, rehabilitation for permanent injuries
• Lost wages — income lost during recovery
• Loss of future earning capacity — if injuries prevent returning to work or limit career options
• Pain and suffering — physical pain and emotional trauma from the shooting and recovery
• Mental anguish — PTSD, anxiety, depression, and other psychological injuries
• Disfigurement and permanent disability — compensation for lasting physical consequences
• Loss of enjoyment of life — the activities, relationships, and experiences the victim can no longer enjoy

If the shooting resulted in a death, surviving family members may pursue a wrongful death claim under Florida's Wrongful Death Act (§768.16–768.26). Recoverable damages include:

• Funeral and burial expenses
• Lost financial support the deceased would have provided
• Loss of companionship, guidance, and protection (loss of consortium)
• Pain and suffering experienced by the victim before death
• Punitive damages in cases of gross negligence or willful disregard for resident safety

Florida's wrongful death statute governs who can bring these claims. Typically, the personal representative of the estate files the lawsuit on behalf of surviving spouses, children, and parents.

This is not a figure of speech. Evidence in negligent security cases disappears on a specific, documented timeline:

• Security camera footage at apartment complexes is typically overwritten within 30 to 72 hours unless a legal hold is placed
• Incident logs and maintenance records can be altered, lost, or destroyed
• Witnesses move, forget details, and become harder to locate with every passing day
• Physical evidence — broken locks, inoperable cameras, missing lighting — gets repaired or replaced before it can be documented

The moment an attorney sends a preservation letter to the property owner, they are legally required to retain all relevant evidence. That letter needs to go out immediately — before the footage is gone, before the records are altered, before the property is repaired.

Every day you wait is a day the evidence gets weaker.

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)).

While two years may seem like a long time, the practical reality is that the strongest cases are built in the first weeks after an incident — when evidence is fresh, witnesses are available, and the property has not yet been altered.

Do not wait until the deadline is approaching to contact an attorney. By then, the evidence that could have won your case may be gone.

Most personal injury attorneys know how to argue that a property was dangerous. Very few can explain why it was dangerous in a way that survives a defense motion for summary judgment — and persuades a jury.

CPTED stands for Crime Prevention Through Environmental Design. It is the science of how the physical environment either enables or deters criminal activity. Attorney Juan J. Cordero is CPTED-certified, which means he is trained to analyze a property the same way a security expert would — and to translate that analysis into legally compelling evidence.

In a case like Victory Pointe, CPTED analysis examines:

• Natural surveillance — Does the property's layout allow residents and passersby to observe what is happening? Are sightlines blocked by overgrown landscaping, poor lighting, or architectural blind spots that give criminals cover?
• Natural access control — Does the physical design guide legitimate users through defined entry points while discouraging unauthorized access? Are gates, fencing, and entry systems positioned and maintained to actually control who enters?
• Territorial reinforcement — Does the property communicate through its design and maintenance that it is owned, monitored, and cared for? Or does it signal neglect — broken fixtures, graffiti, abandoned vehicles — the kind of environmental disorder that research consistently links to escalating violent crime?
• Maintenance and management — The Broken Windows Theory, a foundational principle of CPTED, holds that visible signs of disorder — broken lights, unsecured gates, unaddressed vandalism — are not minor nuisances. They are measurable predictors of more serious violence. A property that looks neglected tells criminals that no one is watching.

When Juan Cordero walks a property like Victory Pointe, he is not just looking for obvious failures. He is building a documented, scientifically grounded record of how the property's design and maintenance created the conditions for a foreseeable violent crime — the kind of record that defeats summary judgment and wins at trial.

Most law firms do not have a CPTED-certified attorney. We do. And Juan does not just hold the certification — he teaches the underlying legal principles. As an Adjunct Professor of Law at Indian River State College, Juan teaches Business Law, a course that covers premises liability, negligence standards, and the legal duties property owners owe to the people on their property. He brings that same depth of understanding — the academic framework and the courtroom application — to every negligent security case he takes on. That difference is often the difference between a case that gets dismissed and one that results in a verdict.

In March 2023, Florida enacted HB 837 — the most significant overhaul of Florida tort law in decades. If you were injured at Victory Pointe, you need to understand exactly how these changes affect your rights.

Before HB 837, Florida used a "pure" comparative negligence system — a victim could recover damages even if they were 99% at fault, with their recovery reduced proportionally. HB 837 changed that.

Under the new modified comparative negligence standard (§768.81), a victim who is found to be more than 50% at fault for their own injuries recovers nothing. Zero.

This matters in negligent security cases because defense attorneys now routinely argue that the victim was partially responsible — for being in a certain area, for a prior relationship with the shooter, for any number of reasons. The goal is to push your fault percentage above 50% and eliminate your recovery entirely.

A CPTED-trained attorney who can demonstrate that the property's security failures were the primary cause of the crime — not the victim's conduct — is essential to keeping your fault percentage where it belongs: low.

HB 837 also cut Florida's personal injury statute of limitations in half — from 4 years to 2 years (§95.11(3)(a)), effective for incidents occurring on or after March 24, 2023. For wrongful death, the deadline remains 2 years from the date of death (§95.11(4)(d)).

If the Victory Pointe incident occurred after March 24, 2023, you have 2 years from the date of injury to file. That clock is running right now.

The 2023 tort reform made Florida one of the most defense-friendly states in the country for premises liability cases. Insurance companies and property owners know this. Their attorneys are trained to exploit the new 50% bar aggressively.

The answer is not to avoid filing — it is to build a case so strong on liability that the comparative fault argument never gains traction. That is what CPTED analysis, thorough evidence preservation, and 26+ years of trial experience are for.

When we take a negligent security case, we move immediately and aggressively:

1. Preservation letters go out the same day — We demand that the property owner retain all surveillance footage, maintenance records, incident logs, security contracts, and employee records before they are destroyed or overwritten
2. We pull every police call to the property — Every 911 call, every officer dispatch, every incident report going back years. This is the foundation of the foreseeability argument
3. Juan personally conducts CPTED analysis — As a CPTED-certified attorney, Juan walks the property himself, documents every environmental failure, and builds the scientific record that connects the property's design and maintenance to the foreseeable crime. We also retain former law enforcement officers and DCA-certified security experts who can testify independently about what the property should have done differently
4. We trace the full ownership chain — We identify every LLC, management company, and corporate entity with responsibility for the property and name them all
5. We investigate the property's insurance coverage — We identify all available insurance policies and pursue maximum recovery from every source
6. We build the case for trial from day one — We do not assume the case will settle. We prepare every case as if it is going to a jury, which is why our results are what they are

See our verdicts and results →

Attorney Juan J. Cordero is a Top 100 Trial Lawyer with 26+ years of trial experience in Florida personal injury and negligent security cases. He is a Florida Bar Member, CPTED-certified, and serves as an Adjunct Professor of Law at Indian River State College, where he teaches Business Law — a curriculum that includes premises liability, negligence, and property owner duties under Florida law. He has recovered millions of dollars for shooting victims, assault victims, and families who lost loved ones due to inadequate security at apartment complexes, hotels, motels, and commercial properties throughout Florida.

We handle negligent security cases on a contingency fee basis: you pay nothing unless we win. There is no cost to speak with us, and no obligation after your consultation.

We serve clients throughout Florida — including Orlando, Miami, Fort Lauderdale, West Palm Beach, Stuart, Port St. Lucie, Jacksonville, Tampa, and every community in between.

If you or a loved one was shot, injured, or killed at Victory Pointe or any Florida property, take these steps immediately:

1. Seek medical attention — your health is the priority, and medical records document your injuries
2. Call the police — ensure an official report is filed and get the report number
3. Photograph everything — the scene, your injuries, broken lights, missing cameras, unsecured gates, anything that shows a security failure
4. Get witness information — names and contact details of anyone who saw what happened
5. Do not speak to the property's insurance company without an attorney — anything you say can be used to minimize your claim
6. Contact Juan Cordero Lawyers immediately — the sooner we act, the stronger your case

Call or text us anytime: 305-525-8957

We are available around the clock because we know that tragedies do not happen on a schedule. There is no cost to speak with us. No obligation. No fee unless we win.

Hablamos Español.

The information in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. If you have a legal matter, please contact our office directly.

Yes. Under Florida premises liability law, if the property owner knew or should have known that violent crime was a foreseeable risk — and failed to take reasonable security measures — they can be held civilly liable for your injuries. This is true even if the shooter is never caught or has no assets.

The property owner may still be liable. If management failed to conduct proper background checks, failed to enforce lease terms prohibiting criminal activity, or had prior knowledge of the resident's dangerous behavior and did nothing, those failures can form the basis of a negligent security claim.

Florida's statute of limitations is 2 years from the date of injury for personal injury claims, and 2 years from the date of death for wrongful death claims. However, critical evidence — especially security camera footage — disappears within days. Contact an attorney immediately.

Florida's modified comparative negligence law (§768.81) allows you to recover damages as long as you were not more than 50% at fault. Your recovery is reduced by your percentage of fault, but you are not barred from recovery simply because you share some responsibility.

Nothing upfront. We handle all negligent security cases on a contingency fee basis — we only get paid if we win your case. There are no upfront costs, no hourly fees, and no out-of-pocket expenses.

You do not need to gather evidence yourself — that is our job. The most important thing you can do is contact us immediately so we can send preservation letters and begin the investigation before evidence disappears. The evidence we look for includes: security camera footage, police call logs to the property, incident reports, maintenance records, security contracts, and witness statements.

Related Reading:

• Why You Need Florida's Best Negligent Security Lawyers — CPTED-Trained, DCA-Ready, and Built to Beat the Foreseeability Defense
• Shot at a Florida Hotel or Motel? The Property May Be Liable
• Orlando Apartment Complex Shooting: When Can Victims Sue for Negligent Security?
• Jacksonville Motel Shooting: What Families Need to Know
• Varone v. Publix: What Is Foreseeability in Florida Negligent Security Cases?
• What Is Negligent Security and When Can You Sue in Florida?
• Negligent Security Injury Claim: Florida Victim's Guide