Hurt in a Violent Crime on Someone Else’s Property in Miami? Negligent Security May Apply

How Security Failures Like Poor Lighting and Broken Locks Can Lead to Liability

The aftermath of a violent crime is a period of profound confusion and trauma. Whether you were assaulted in a dimly lit parking garage in downtown Miami, robbed at an apartment complex in Little Havana that lacked proper gates, or attacked at a commercial property in Hialeah, your sense of safety is shattered.

In the days that follow, the natural focus is almost entirely on the criminal. Who did this? Will the police catch them? Will they face justice?

Too often, in busy urban areas across South Florida, the unfortunate reality is that many perpetrators are never identified or apprehended. This leaves victims feeling helpless, silenced, and without any avenue for recourse. You might feel that because the criminal got away, you are left to deal with the medical bills, the emotional trauma, and the lost wages entirely on your own.

As experienced Miami assault injury attorneys at DLopez Law Firm, we want you to know that this is not always true.

While the criminal bears the primary responsibility for their actions, they may not be the only responsible party. Under Florida law, property owners have a legal duty to provide a reasonably safe environment for residents, customers, and guests. When they fail to do so, and that failure creates an opportunity for a crime to occur, the property owner can be held liable.

This area of law is known as negligent security. It can be a powerful tool for justice, allowing victims of violence across South Florida to shift the focus from the absent criminal to the property owner who allowed dangerous conditions to persist.

Understanding Negligent Security in Florida

Negligent security falls under the broader category of premises liability. The basic concept is straightforward: if you own or manage a property and invite people onto it (like tenants in an apartment or shoppers in a mall), you must take reasonable steps to protect them from foreseeable dangers.

Foreseeable dangers can include criminal acts by third parties when the risk of similar crime was reasonably foreseeable under the circumstances.

It is important to clarify that a property owner cannot guarantee your safety 100 percent of the time. That said, they cannot turn a blind eye to reality. If a property is located in a high-crime area, or if there have been repeated incidents of violence, theft, or assault on the premises previously, the owner is “on notice.” They know there is a problem.

When an owner knows there is a security risk but chooses not to act because installing better lighting, hiring security guards, or fixing broken gates costs money, they are prioritizing their profits over your safety.

As South Florida premises liability lawyers, our job is to prove that the security measures at the location where you were injured were inadequate given the known risks of that specific area.

Why Pursue the Property Owner?

Many of our clients initially hesitate to file a claim against an apartment complex landlord or a business owner. They often feel that the blame lies solely with the attacker.

We understand this perspective, but we also know the practical realities of the legal system. Even if the criminal is caught, they rarely have the financial resources to compensate you for catastrophic injuries, long-term therapy, or weeks of missed work. They are likely facing prison time and have no assets. A property owner, such as a large apartment management company in Allapatah or a shopping center in Kendall, often carries liability insurance that may apply to these types of incidents. Pursuing a negligent security claim is often the most realistic way to pursue compensation for medical care, therapy, lost income, and other damages tied to your recovery.

Furthermore, holding property owners accountable serves a vital community purpose. By pursuing these claims, we force landlords and businesses to take security seriously. A successful claim can compel a property owner to finally fix the broken locks, install the necessary cameras, or hire patrolling guards. Your action today could prevent someone else in your community from becoming a victim tomorrow.

Time is also a critical factor in these cases. In Florida, many negligence claims are subject to a two-year deadline, and deadlines can depend on when the incident occurred and other case-specific factors, so it is vital to act quickly. We must secure evidence such as surveillance footage before it is overwritten or the legal window for your recovery closes forever.

Where Do Negligent Security Incidents Occur Most?

These incidents can happen almost anywhere, but as experienced South Florida victims of violence attorneys, we see common patterns in specific locations where owners frequently cut corners on safety measures:

• Apartment Complexes and Condominiums: This is perhaps the most common scenario. Landlords have a duty to protect tenants in common areas like hallways, laundry rooms, and parking lots.
• Parking Garages and Lots: Poorly lit, unmonitored parking areas in places like Miami Beach or downtown are notoriously attractive targets for criminals.
• Hotels and Motels: Guests have a right to expect secure doors, functional locks, and safe common areas.
• Shopping Malls and Strip Centers: Property managers must ensure that shoppers are safe walking to and from their vehicles, especially during evening hours.
• Nightclubs and Bars: Because of crowding, late hours, and alcohol service, these venues may need more robust security (such as trained staff and appropriate crowd control) when violence is reasonably foreseeable.

Is Your Building Safe? 5 Red Flags of Negligent Security in Florida Apartments

If you live in a rental property in South Florida, it is crucial to recognize the signs of an owner who is neglecting their duty of care. Under Florida Statute 768.0706, multifamily property owners can earn a legal presumption against liability if they substantially implement certain security measures. If a property does not substantially implement those measures, the owner may lose that presumption, and a negligent security claim may turn on issues like foreseeability, reasonable security, and whether security failures contributed to the harm.

If you notice these red flags in your building, you may be living in an environment with security gaps that can increase risk and may weaken a property owner’s ability to claim they took reasonable safety steps:

• Security Camera Failures: Florida law recognizes camera coverage at key entry/exit points as an important security measure for multifamily properties. If a landlord does not maintain retrievable video footage (often discussed as at least 30 days in this statutory framework), they may lose the presumption against liability and face stronger negligent security arguments.
• Inadequate Lighting Intensity: Criminals thrive in the dark. Florida’s statutory security framework for multifamily properties references parking lot lighting levels (often described as an average of at least 1.8 foot-candles) as part of reasonable safety measures. If walkways or stairwells are consistently dark because bulbs are burnt out, it can create serious safety risks and may become a key issue in a negligent security claim.
• Broken Locks and Access Gates: Entry doors and common-area gates should be functional and consistently maintained, especially when prior incidents or complaints put management on notice of security risks. If residents have complained about broken locks and management has ignored them, that is a failure of their duty of care.
• Lack of Safety Training: Florida’s multifamily security statute includes employee training as a key safety measure. When staff are untrained or unaware of basic safety procedures, it can weaken an owner’s ability to argue they took reasonable steps to deter crime. If the staff at your complex seems untrained or unaware of safety protocols, the owner may have fallen short of recognized safety measures under Florida law.
• Overgrown Landscaping: Bushes and hedges that are not trimmed can create hiding spots and block sightlines, an avoidable maintenance issue that can directly affect safety.

How We Handle Your Claim

At DLopez Law Firm, we know that fighting a well-funded insurance company or a large property management firm can feel intimidating. That is why we take over the burden of proof.

When we take on a negligent security case as your Miami injury lawyers, we immediately launch a comprehensive investigation. We pull police reports not just for your incident, but for the entire surrounding area to map prior incidents in and around the property. This helps us demonstrate that the property should have addressed known risks. We also help you navigate the complex issue of apportionment of fault.

Under current Florida law, in certain cases, a jury may consider the fault of the intentional criminal alongside the property owner. Our goal is to ensure the property owner remains held accountable for their specific share of the negligence that allowed the crime to occur.

We are dedicated to building a compelling case that shows the direct link between the owner’s failure to provide security and the harm you suffered.

Contact DLopez Law Firm Today for a Consultation About Your Case

You do not have to carry this alone. If you were injured due to a crime on someone else’s property, and you believe inadequate security played a role, you deserve answers and you deserve justice.

Founding attorney Dayle Lopez built this firm on the principle of fighting for those who feel voiceless. We understand the unique challenges faced by our diverse South Florida communities, and we are here to listen to your story without judgment.

Do not let fear or uncertainty keep you from exploring your rights. We offer free, confidential consultations to help you understand your legal options. Call us at (305) 224-8354 or contact us online today. Let us fight for accountability and the compensation you may be entitled to pursue under Florida law.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.