You’re walking through a parking lot at dusk. The lighting is dim. There are no cameras. No security guard. You notice the area feels unsafe, but you keep going. Then you’re attacked. Robbed. Assaulted. And as you’re lying there hurt, wondering why this happened, one clear thought keeps returning: the property owner knew this was a dangerous area. They knew crime happened here. They did nothing to stop it.
That’s negligent security. And under Florida law, property owners have a legal obligation to protect visitors and residents from foreseeable criminal attacks. But in 2023, Florida passed HB 837, which made these cases harder to win. If you’ve been attacked because a property owner failed to provide adequate security, you need to understand what changed and what evidence you need to prove your case.
What HB 837 Changed: The New Burden for Negligent Security Claims
Before 2023, if you were assaulted at an apartment complex or robbed at a parking lot, you could argue the property owner should have had security. That was enough in many cases.
HB 837 changed that. Now, if a property owner takes even basic security measures – locks, lighting, cameras, or a security guard – there’s a legal presumption they’re not negligent. The burden shifts to you. You have to prove their security was inadequate.
That doesn’t mean negligent security cases are dead. It means you need stronger evidence. You need to show prior crimes on the property. You need to show the owner knew about those crimes. You need to show the security measures they had were broken, poorly maintained, or ineffective. You need to prove the owner ignored a documented pattern of danger.
I’ve handled dozens of negligent security cases under the old law and under the new law. The difference is real. But the law didn’t eliminate liability. It just requires us to be more thorough, faster, and more strategic.
Critical Timeline: Under Florida statute § 95.11, you have two years from the date of the assault or robbery to file a lawsuit. Because of HB 837’s new requirements, evidence gathering is even more time-critical. Police reports, crime data, maintenance records, and prior incident documentation need to be requested immediately.
How Negligent Security Works Under Florida Law
Negligent security is a specific type of premises liability claim. Here’s the legal framework:
The property owner owes a duty to protect visitors and residents from foreseeable criminal acts. This applies to apartment complexes, shopping centers, parking garages, banks, hotels, bars, and any property open to the public or where residents live.
That duty includes:
- Maintaining adequate lighting in parking areas, hallways, and common spaces
- Installing and maintaining functional surveillance cameras
- Securing entry points with working locks and access controls
- Conducting background checks on employees and security personnel
- Responding promptly to reports of suspicious activity or threats
- Maintaining security patrols or hiring trained security guards
- Documenting and investigating prior crimes on the property
- Upgrading security when prior incidents show a pattern of danger
The key legal concept is “foreseeability.” Was the crime that happened to you foreseeable? Did prior crimes occur on this property? Did the owner know or should they have known that crime was a risk? If the answer is yes, and the owner did nothing adequate to prevent it, they’re liable.
HB 837 and the Presumption Problem
Here’s exactly what HB 837 (Florida statute § 768.0706) says: If a property owner takes security measures – any security measures – that comply with industry standards, there’s a presumption the owner is not negligent. That presumption can be overcome, but you have to do the work.
The statute specifically mentions multifamily residential properties and requires certain security standards for those properties. But the broader principle applies everywhere: basic security creates a presumption of non-negligence.
So we shift strategies. Instead of arguing “they should have had a security guard,” we argue “their security guard was untrained.” Instead of arguing “they should have had cameras,” we argue “their cameras were broken and they never fixed them.” Instead of arguing “they should have known crime was a risk,” we argue “we found seven prior robberies on this property in two years and they ignored them all.”
South Florida Context: Fort Lauderdale, Broward County, and South Florida have neighborhoods with varying crime rates. Downtown Fort Lauderdale has higher rates of property crime. Certain Broward areas experience more violent crime. That crime data matters. Property owners in high-crime areas have heightened duties because danger is more foreseeable. We investigate neighborhood crime statistics as part of every case.
What We Investigate to Overcome HB 837’s Presumption
Prior Crimes at the Exact Property
This is the most powerful evidence. If there were prior assaults, robberies, sexual assaults, or burglaries at the same location, the property owner cannot claim they didn’t know crime was foreseeable. I’ve had cases where apartment complexes experienced multiple robberies or assaults within months. We request police reports, dispatch records, and incident documentation.
One case: Fort Lauderdale apartment complex. Seven robberies and two assaults in 24 months. We obtained police reports showing the dates, methods, and locations. The property management had been notified of several. They hadn’t upgraded security despite the clear pattern. That pattern destroys the presumption under HB 837.
Crime Patterns in the Surrounding Neighborhood
Even if this specific property hadn’t experienced prior crimes, if the surrounding area had a documented crime problem, the owner should have known. We request crime statistics from Fort Lauderdale Police Department, Broward County Sheriff, and FBI crime reports. Robbery trends. Assault trends. Sexual assault trends. Burglary patterns. All of this goes into establishing foreseeability.
Broken or Poorly Maintained Security Measures
If the owner had cameras, but they were non-functional. If they had lighting, but it was burned out. If they had locks, but they were broken. If they hired a security guard, but that guard was untrained or following incompetent protocols. These are specific facts that show the security they had wasn’t actually adequate. We request maintenance logs, work orders, repair receipts, and employee training records.
Known Threats Ignored
If residents or employees reported to management that they felt unsafe. If they reported suspicious individuals. If they reported prior incidents. And management did nothing – didn’t increase patrols, didn’t improve lighting, didn’t investigate – that’s negligence. We interview residents, request management response logs, and search for written complaints.
Security Surveys or Risk Assessments
Some properties commission professional security audits. If the property owner did a security assessment that identified vulnerabilities, and then ignored those recommendations, that’s powerful evidence. We request all such documents through discovery.
Types of Negligent Security Cases We Handle
Apartment Complex and Residential Assaults
You’re assaulted in your unit, the hallway, parking lot, or laundry room. We investigate the complex’s locks, lighting, surveillance, prior incidents, and whether management responded to complaints. Residential properties have heightened duties under § 768.0706 for multifamily housing.
Parking Lot and Garage Robberies
You’re robbed at a shopping center, office building, or hospital parking lot. We examine lighting (was it adequate for the time of day?), surveillance coverage (were there blind spots?), security patrols (were they visible or responsive?), and prior robbery patterns.
Business and Commercial Premises Attacks
You’re assaulted at a business where you worked or conducted business. We evaluate employee screening, security protocols, and whether the business knew of prior incidents or threats.
Bar and Nightclub Violence
You’re attacked by another patron. This intersects with both negligent security and dram shop liability. We examine whether bouncers were trained, whether they responded to confrontations, whether the bar had prior violence incidents, and whether they served visibly intoxicated patrons. Florida statute § 768.125 limits dram shop liability, but negligent security claims can still succeed.
The Evidence You Need Gathered Immediately
- Police report from the incident, including officer observations about lighting, cameras, and property conditions
- Police reports for all prior crimes at the same location going back at least 2-3 years
- Crime statistics for the neighborhood from Fort Lauderdale PD or Broward County Sheriff
- Incident reports filed with property management about your attack or others
- Photographs of the scene – lighting, camera placement, entry points, hazards
- Maintenance and repair records showing broken security equipment
- Work orders and invoices for repairs that were never completed
- Surveillance footage from the date of the incident (critical – most systems retain 30-90 days)
- Security camera specifications – where they are, what they cover, how long footage is stored
- Written complaints from other residents or employees about safety concerns
- Emails or letters to management about suspicious activity
- Prior lawsuits against the same property for similar incidents
- Your medical records documenting the injuries from the assault or robbery
- Documentation of all costs – emergency care, ongoing treatment, therapy, lost wages
Time is critical. Surveillance footage disappears. Witnesses forget details. Police reports need to be pulled while the incident is fresh. We move fast on every case.
Your Damages: What You Can Recover
If we prove the property owner’s negligent security caused your injury, you’re entitled to recover:
- All medical and emergency care expenses
- Ongoing medical and mental health treatment
- Lost wages during recovery
- Loss of earning capacity if permanently injured
- Pain and suffering from the physical injuries
- PTSD and other psychological injuries
- Scarring, disfigurement, or permanent disability
- Loss of enjoyment of life and relationships
These numbers add up. A serious assault can generate $50,000 to $300,000+ in damages depending on the severity of injury and the strength of evidence. We work with medical experts and mental health professionals to document the full impact.
The Two-Year Statute of Limitations
Florida statute § 95.11 gives you two years from the date of the assault or robbery to file a lawsuit. That might sound like a lot of time, but it’s not. Police records need to be requested. Witnesses need to be identified. The property owner’s maintenance records need to be obtained. With HB 837’s higher burden, the investigation needs to be thorough from the start.
Contact us quickly. Not because of pressure, but because the evidence you need deteriorates fast.
Frequently Asked Questions
Does HB 837 mean I can’t sue for negligent security anymore?
No. HB 837 made it harder, not impossible. It created a presumption in favor of property owners who have some security. But that presumption can be overcome. Prior crimes on the property, broken security measures, ignored threats, or negligent security protocols all defeat the presumption. We adjust our strategy to the new law.
What if there weren’t prior crimes at my specific building?
Prior crimes at the exact location are strongest, but neighborhood crime patterns matter too. If robberies were happening regularly in the area, the property owner should have enhanced security. If the area had a documented crime problem, the crime at your location was foreseeable. We use crime data to establish foreseeability.
What if the property owner says they had cameras?
Then we investigate whether the cameras actually worked. Were they recording? Were they monitored? Did they cover the area where you were attacked? Were they broken for an extended period? Did the owner fail to maintain them? We request technical specifications, maintenance logs, and recorded footage. “We have cameras” doesn’t mean their security was adequate.
Can I sue the criminal who attacked me?
Yes, but practically it doesn’t matter. Most criminals don’t have assets to pay a judgment. We focus on the property owner because they have insurance and assets. That’s where the real recovery comes from.
How long do these cases take?
12 to 18 months typically, sometimes longer. They’re complex. We need time to investigate crime patterns, obtain police records, interview witnesses, and build a detailed narrative of what the property owner knew and ignored. Under HB 837, the investigation is even more important.
If you were attacked, assaulted, or robbed at an apartment complex, parking lot, business, or any property where the owner failed to provide adequate security, Wright Accident & Injury Law is here to fight for you. We understand HB 837. We know how to overcome the new presumption. We investigate aggressively. Free consultation, contingency basis.
Property owners must protect their residents and visitors. When they fail, we hold them accountable.