Being the victim of a violent crime is traumatic enough. When that crime happens on commercial property—such as an apartment complex, hotel, shopping center, bar, nightclub, parking garage, or gas station—the pain is often compounded by a troubling question:
Could this have been prevented?
Under Florida law, property owners and businesses may be held legally responsible for violent crimes that occur on their premises when those crimes were foreseeable and reasonable security measures were not in place. These cases are known as negligent security claims, and they fall under Florida personal injury law.
This article explains when you may be able to sue, who can be held liable, and what victims should know about their legal rights.
What Is a Negligent Security Claim in Florida?
A negligent security claim arises when a business or property owner fails to take reasonable steps to protect lawful visitors from foreseeable criminal activity.
Property owners in Florida owe a duty of care to customers, guests, and tenants. That duty includes providing adequate security when criminal activity is reasonably predictable based on:
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Prior crimes on or near the property
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The nature of the business (bars, nightclubs, hotels, apartments)
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Crime statistics in the surrounding area
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Time of day or known high-risk conditions
If a business ignores these warning signs and someone is assaulted, robbed, shot, or otherwise injured, the owner may be held financially responsible.
Common Locations for Violent Crime Lawsuits
Negligent security claims frequently arise from crimes occurring at:
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Apartment complexes and gated communities
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Hotels and motels
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Shopping centers and strip malls
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Bars, nightclubs, and lounges
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Parking garages and parking lots
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Convenience stores and gas stations
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Event venues and stadiums
These properties often attract large crowds, operate late at night, or are located in areas with known crime risks—making security planning especially important.
Types of Violent Crimes That May Lead to a Lawsuit
Florida negligent security cases commonly involve:
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Assault or battery
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Armed robbery
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Sexual assault or rape
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Stabbings
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Shootings
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Carjackings
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Fatal attacks (wrongful death claims)
The crime does not have to result in a criminal conviction for a civil lawsuit to proceed.
What Makes a Violent Crime “Foreseeable”?
Foreseeability is one of the most important factors in these cases.
A crime may be considered foreseeable if:
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Similar crimes happened previously on the property
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Police reports show a pattern of crime nearby
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The business had notice of dangerous conditions
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Security incidents were reported but ignored
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The area is known for violent crime
Foreseeability does not require the exact same crime to have occurred before—only that criminal activity was reasonably predictable.
Examples of Inadequate Security
A business may be negligent if it failed to provide reasonable security measures, such as:
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Broken or insufficient lighting
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No security guards in high-risk areas
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Unlocked or broken gates
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Malfunctioning surveillance cameras
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Lack of access control
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Failure to monitor or patrol the property
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Ignoring prior criminal incidents
What is considered “reasonable” depends on the circumstances, but businesses are not allowed to do nothing when risks are obvious.
Who Can Be Held Liable?
Depending on the facts, liable parties may include:
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Property owners
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Commercial landlords
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Property management companies
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Business operators or franchisees
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Security companies
In some cases, multiple parties share responsibility, especially when security duties are divided by contract.
What Damages Can Victims Recover?
Victims of violent crime on commercial property may be entitled to compensation for:
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Medical expenses (past and future)
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Hospitalization and rehabilitation
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Lost wages and reduced earning capacity
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Pain and suffering
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Emotional distress and trauma
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PTSD and psychological counseling
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Permanent disability or disfigurement
If the victim died as a result of the crime, surviving family members may pursue a wrongful death claim.
Do I Still Have a Case If the Criminal Was Arrested?
Yes.
A criminal case is separate from a civil personal injury lawsuit. Even if the attacker is arrested, convicted, or unidentified, a negligent security claim may still proceed against the property owner or business.
The focus of a civil case is not punishing the criminal—it is determining whether the business failed to keep its premises reasonably safe.
What Should You Do After a Violent Crime Injury?
If you were injured during a violent crime on commercial property:
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Seek immediate medical care
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Report the incident to police
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Preserve evidence (photos, clothing, witness information)
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Request incident reports from the business
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Avoid speaking with insurance adjusters alone
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Speak with a Florida personal injury attorney promptly
These cases are fact-intensive and often aggressively defended by insurance companies.
Time Limits for Filing a Claim in Florida
Florida law limits the time you have to file a personal injury lawsuit. Waiting too long can permanently bar your claim and allow critical evidence—like surveillance footage—to be destroyed.
Early investigation is often the difference between a strong case and no case at all.
Final Thoughts
Businesses in Florida are not insurers of safety—but they are required to act reasonably when criminal risks are known or foreseeable. When they fail to do so, injured victims may have the right to seek accountability and compensation.
If you or a loved one was hurt during a violent crime on commercial property, you may have legal options beyond the criminal justice system.
Have you or someone you know been injured as a result of a violent crime? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
