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Negligent Security Cases in Florida: Recent Changes and Implications

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Negligent Security Cases in Florida: Recent Changes and Implications

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Negligent Security Cases in Florida: Recent Changes and Implications

Brubaker Injury Law

October 7, 2022

Negligent security cases arise when individuals suffer harm due to inadequate security measures on a property. These cases often involve criminal acts committed by third parties, such as assaults, robberies, or other violent incidents. In Florida, premises liability law holds property owners and managers responsible for maintaining safe conditions for visitors and tenants. Let’s delve into the recent changes in Florida law and their impact on negligent security litigation.

The New Tort Reform Law

Florida Governor Ron DeSantis signed House Bill 837 into law, introducing significant changes to tort law, including provisions related to negligent security claims. Effective immediately upon signing, this “tort reform” bill aims to strike a balance between protecting victims and incentivizing property owners to enhance security measures.

Key Provisions

Presumption Against Liability for Multi-Family Housing Complexes:

  • The new law creates a presumption against negligent security liability for owners of multi-family housing complexes (apartments, townhouses, and condominiums) meeting specific conditions.
  • Generally, to benefit from this presumption, multi-family dwellings must implement the following security measures:
  • Security cameras at entry and exit points.
  • Adequate lighting in parking lots, walkways, common areas, and porches.
  • One-inch deadbolts on dwelling unit doors.
  • Locking devices on windows, exterior sliding doors, and non-community doors.
  • Locked pool gates with restricted access.
  • Peepholes or door viewers on dwelling unit doors.
  • Property owners must undergo a crime prevention through environmental design assessment that’s no less than three years old.
  • Owners must provide crime deterrence and safety training to employees.

Apportionment of Fault:

  • The law modifies the verdict form in all negligent security cases.
  • Juries can now apportion fault to third-party criminals who intentionally harm plaintiffs.
  • Previously, fault could not be assigned to criminal actors.

Proving Negligent Security

To succeed in a negligent security claim, victims must demonstrate that property owners failed to adequately protect clients or renters. Plaintiffs must prove that the property did not meet established safety standards required by law.


While the new law aims to reduce the volume of negligent security litigation, victims still have avenues to seek justice. Property owners must balance security measures with their legal obligations. If you’ve been a victim of negligent security, consult an experienced attorney to understand your rights and pursue rightful compensation.

When the stakes are high, choose a law firm that combines experience, trust, and results. Brubaker Injury Law is more than just a legal team; they’re your allies in seeking justice, obtaining compensation, and holding those responsible accountable.

Reach out to them today for a free case evaluation. Call (800) 817-9301 or visit their website to schedule an appointment

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