I Was Shot While Visiting a Condo Complex. Could Inadequate Security Be Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
A criminal attack does not automatically make a property owner or association liable. Negligent-security claims require analysis under current Florida law and the particular property's circumstances.
From a Case I Handled
I handled a matter involving a visitor who did not know about alleged crime issues at a condominium complex and was assaulted and shot in the parking lot. The allegations included inadequate security measures, perimeter security and lighting.
What I Look For
In a matter like this, I would investigate: crime/incident history relevant under current law; calls for service; access control; fencing/gates; lighting; cameras; security staffing; warnings; management records; security assessments.
What This Case Teaches About Negligence
Negligent-security claims have a specialized statutory and case-law framework and should be researched separately from ordinary premises falls.
Florida's negligent security law underwent significant changes in 2023. The analysis of prior criminal activity, foreseeability, and the property owner's security measures must be conducted under current Florida law, which differs substantially from prior law.
Applicable Florida Law
Florida's negligent security law is governed by Fla. Stat. § 768.0701 et seq. (as amended in 2023). The 2023 amendments changed the framework for analyzing prior criminal activity and foreseeability. Negligent security claims require separate analysis from ordinary premises liability and should not be treated as slip-and-fall cases. The applicable standard and burden of proof differ significantly.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
Does Florida law allow me to sue a property owner for a shooting?
Florida's negligent security statute (Fla. Stat. § 768.0701 et seq., as amended in 2023) provides a framework for these claims. A criminal attack does not automatically create liability — the analysis requires proof of foreseeability and inadequate security under the current statutory framework.
How did Florida's 2023 negligent security law change these cases?
The 2023 amendments to Fla. Stat. § 768.0701 et seq. significantly changed the framework for negligent security claims, including how prior criminal activity is analyzed and the burden of proof. Cases must be analyzed under the current law, not prior standards.
What security measures are relevant in a negligent security case?
Access control (gates, fencing), lighting, surveillance cameras, security staffing, prior crime history, and management's awareness of security risks are all relevant. The adequacy of these measures is evaluated under the current Florida statutory framework.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728