In Florida, negligent security claims have historically provided a legal recourse for individuals who suffer injuries due to inadequate security measures on a property. These claims typically occur when a person is harmed by criminal activities, such as assault, due to the property owner’s failure to implement reasonable security measures. With that said, recent changes in the law have shifted the contours of these claims, potentially making it more difficult for injured parties to hold property owners accountable.
The Impact of the Tort Reform Act in Florida
The Tort Reform Act, specifically HB 837, introduces significant changes to the way negligent security claims are evaluated in Florida. One of the most notable changes is the increased focus on the fault of the individual who committed the criminal act. Previously, property owners could be held liable if their inadequate security measures contributed to an injury. Now, the trier of fact (such as a jury) is required to consider the fault of all parties involved, including the criminal actor.
This shift in focus could lead to a reduction in the liability of property owners, as the emphasis moves away from their responsibility to provide safe premises. Critics argue that this change may decrease the incentive for property owners to implement proper security measures, potentially putting visitors and customers at greater risk of harm.
New Presumption Against Liability
Another significant aspect of the Tort Reform Act is the creation of a presumption against negligent security liability for owners and operators of “multifamily residential properties” who can demonstrate “substantial compliance” with specific safety and security measures. This presumption can significantly protect property owners from liability if they meet the following requirements:
- Security Camera System: Installation of security cameras at points of entry and exit that maintain video footage retrievable for at least 30 days.
- Lighting: Adequate lighting in parking lots, common areas, porches, walkways, and laundry rooms from dusk to dawn.
- Deadbolts and Locks: Installation of deadbolts measuring at least one inch on every door, locking devices on every window and sliding door, and locked gates at pool fence areas.
- Peepholes: Installation of a peephole or viewer on doors that do not have a window or a window next to the door.
By meeting these requirements, property owners can establish a presumption that they were not negligent in providing security, which can be a significant hurdle for injured parties to overcome in their claims.
Consideration of All Parties’ Fault
The new law also explicitly states that property owners cannot be held negligent for damages to third parties who are attempting to commit, or are engaged in committing, any criminal act on the property. This provision further shields property owners from liability and underscores the legislative intent to focus on the fault of the individual committing the crime.
Concerns and Implications
These changes have sparked concerns among legal professionals and advocates for victims’ rights. The primary worry is that by reducing the liability of property owners, there will be less motivation for them to maintain high standards of security. This could lead to an increase in criminal activities on properties where security measures are lax, thereby endangering the safety of lawful visitors and residents.
In addition, the requirement to consider the fault of all parties, including the criminal actor, complicates the legal process for victims seeking compensation. It places a heavier burden on the injured party to prove that the property owner’s negligence was a significant contributing factor to their harm.
How Your Florida Negligent Security Attorney Will Show ‘Foreseeability’ and Prove Liability of the Property Owner
In negligent security cases, the injured party must prove that the property owner, manager or occupier had a “duty of care” toward them. This duty of care means that the defendant has a legal responsibility to act reasonably and take necessary measures to prevent harm to others.
A key factor in establishing this duty is foreseeability. Your Florida premises liability lawyer will collect the following evidence to show that the harm or danger was reasonably foreseeable, and thus the property owner was obligated to protect visitors, customers, or residents from this potential harm.
- Crime Reports and Statistics:
- Local police reports detailing previous criminal activities in and around the property.
- Crime statistics from law enforcement agencies indicating a history of similar incidents in the area.
- Data showing an upward trend in specific types of crime that the property owner should have been aware of.
- Incident Reports:
- Internal incident reports from the property detailing any past security breaches or criminal activities.
- Records of complaints made by tenants or visitors regarding security concerns.
- Expert Testimony:
- Testimonies from security experts on the adequacy of the property’s security measures.
- Expert analysis on whether the security measures in place were reasonable given the crime statistics and incident reports.
- Security Camera Footage:
- Video evidence showing areas where security lapses occurred.
- Footage that could indicate how easily a crime was committed due to inadequate security measures.
- Maintenance Records:
- Records showing the maintenance and upkeep of security equipment such as cameras, lighting, and locks.
- Documentation of any known issues with security features that were not promptly addressed.
- Witness Statements:
- Statements from victims, witnesses, or residents about the lack of security and any previous incidents.
- Testimonies from employees or security personnel regarding their experiences and observations of security practices.
- Property Layout and Design:
- Blueprints or layout plans illustrating potential security weak points.
- Analysis of property design elements that may contribute to security risks.
- Security Policies and Procedures:
- Copies of the property owner’s or manager’s security policies and procedures.
- Records indicating whether security protocols were followed at the time of the incident.
- Communication Records:
- Emails, letters, or other communications showing that security concerns were raised to the property owner or manager.
- Documentation of any responses or lack thereof from property management regarding security complaints.
- Training Records:
- Documentation of security training provided to employees.
- Records indicating whether staff were adequately trained to handle security threats.
- Photographic Evidence:
- Photos of the crime scene and surrounding areas to illustrate security lapses.
- Images showing poorly lit areas, broken locks, or other security deficiencies.
Get an Experienced Florida Premises Liability Lawyer on Your Side
If you or a loved one has been injured due to inadequate security measures on a property in Florida, you should have a dedicated and experienced attorney on your side. Robert W. Rust, Esq., a seasoned Florida negligent security attorney, is committed to fighting for your rights and ensuring you receive the compensation you deserve.
With his deep understanding of the law and relentless pursuit of justice, Robert Rust will thoroughly investigate your case, gather essential evidence, and hold negligent property owners accountable. Reach out to Rust Injury Law today to schedule a free consultation and take the first step towards recovering the financial compensation you are entitled to. Call 305-200-8856 or contact us online.