Most people know they can sue if they slip and fall on a wet floor. Far fewer know that if they are attacked, robbed, or assaulted on someone else's property — a parking lot, apartment complex, hotel, nightclub, or shopping center — the property owner may be legally responsible for their injuries.

This is called negligent security, and it is one of the most powerful — and underutilized — areas of personal injury law in Florida.

Juan Cordero Lawyers recovered a landmark $28.9 million settlement in a negligent security case. Here is what you need to know.

Negligent security is a form of premises liability. It holds property owners and managers responsible when a foreseeable criminal act — an assault, robbery, shooting, rape, or other violent crime — occurs on their property because they failed to provide adequate security measures.

The key word is foreseeable. Property owners are not automatically liable for every crime that occurs on their premises. But when a property owner knew or should have known that criminal activity was likely — based on prior incidents, the nature of the business, or the location — and failed to take reasonable steps to protect visitors, they can be held liable.

Negligent security claims arise most frequently at:

• Apartment complexes and housing communities — broken gates, inadequate lighting, no security patrols
• Hotels and motels — unsecured room access, inadequate lobby security, poorly lit parking areas
• Nightclubs and bars — inadequate bouncers, failure to remove violent patrons, poor lighting
• Parking lots and garages — no security cameras, broken lighting, no security personnel
• Shopping centers and malls — inadequate security staff, failure to respond to prior incidents
• Convenience stores and gas stations — known high-crime areas with no security measures
• College campuses and dormitories — broken locks, inadequate lighting, failure to warn of prior assaults
• Hospitals and medical facilities — inadequate security for at-risk patients and visitors

In South Florida — particularly Miami Beach, Brickell, Wynwood, and other entertainment districts — negligent security cases involving nightclubs, hotels, and parking facilities are especially common.

To win a negligent security claim in Florida, you generally must prove:

This is usually straightforward — the defendant is the property owner, landlord, business operator, or management company responsible for the premises.

This is the most contested element. Foreseeability can be established through:

• Prior similar crimes on or near the property (police reports, incident logs)
• The nature of the business (a nightclub in a high-crime area has a higher duty than a suburban library)
• The location (properties in high-crime areas have a heightened duty to provide security)
• Prior complaints or warnings to management about security concerns

Florida courts look at the "totality of the circumstances" — not just whether the exact same crime occurred before, but whether the general risk of criminal activity was foreseeable.

Adequate security depends on the circumstances, but may include:

• Functioning security cameras (CCTV)
• Adequate lighting in all areas, including parking lots and stairwells
• Trained security personnel
• Secure access controls (working locks, key card systems, security gates)
• Prompt response to security incidents
• Policies and procedures for handling known threats

You must show that the defendant's failure to provide adequate security was a proximate cause of the criminal act that injured you. This does not mean the property owner is responsible for the criminal's actions — it means their negligence created the conditions that allowed the crime to occur.

Property owners and their insurers will fight these claims aggressively. Common defenses include:

• The crime was not foreseeable — arguing there were no prior incidents to put them on notice
• Intervening criminal act — arguing the criminal's actions "broke the chain" of causation
• Comparative fault — arguing you were partially responsible (e.g., you were in an area you should not have been)
• Adequate security was provided — arguing their measures were reasonable under the circumstances

An experienced negligent security attorney knows how to counter these defenses with evidence, expert testimony, and a thorough investigation.

Evidence in negligent security cases must be gathered quickly — often within hours of the incident:

• Surveillance footage — often overwritten within 24–72 hours. An attorney can send a preservation letter immediately.
• Incident reports — from the property, police, and any security company
• Prior crime reports — police records showing prior incidents at or near the property
• Maintenance records — showing broken lights, cameras, or security equipment
• Security contracts and staffing records — showing inadequate security personnel
• Expert witnesses — security experts who can testify about industry standards

Victims of negligent security in Florida can recover:

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Pain and suffering
• Emotional distress and PTSD
• Permanent disability or disfigurement
• Wrongful death damages (if the victim did not survive)

In cases involving gross negligence — where the property owner knowingly ignored a serious security risk — punitive damages may also be available.

As of 2023, Florida's statute of limitations for negligence-based personal injury claims — including negligent security — is 2 years from the date of the incident.

Do not wait. Evidence disappears quickly, and the sooner an attorney can begin investigating, the stronger your case will be.

Attorney Juan J. Cordero has recovered a $28.9 million settlement in a negligent security case — one of the largest in South Florida. We have the experience, resources, and track record to take on large property owners, hotel chains, and their insurance companies.

We handle negligent security cases on a contingency fee basis — you pay nothing unless we win.

Call or text us 24/7 at 305.525.8957. We serve clients throughout Miami, Miami Beach, Brickell, Wynwood, North Bay Village, Fort Lauderdale, and all of South Florida.

• Why You Need Florida's Best Negligent Security Lawyers — CPTED-Trained, DCA-Ready — How we beat the foreseeability defense
• Varone v. Publix: Foreseeability in Florida Negligent Security Cases — Key DCA opinion analyzed
• Shot at a Florida Hotel or Motel? The Property May Be Liable — Hotel/motel shooting liability guide
• Negligent Security Lawyer Florida — Practice area overview and free consultation
• Slip and Fall Lawyer Florida — Related premises liability claims
• Personal Injury Attorneys in Miami — Serving Miami-Dade County
• Fort Lauderdale Personal Injury Lawyer — Serving Broward County
• Florida Personal Injury Statute of Limitations — Filing deadlines