florida-law · · Updated
Reviewed by Jeffrey S. Altman, Florida Bar No. 159174.
Hearing news about a violent attack at a local apartment complex is always unsettling, but experiencing it firsthand is a nightmare. Tenants in all over Miami-Dade County, Broward County, and Palm Beach County - and all over Florida - expect their homes to be a safe haven. When that safety is shattered by an assault, robbery, or worse, victims are often left wondering how a dangerous perpetrator managed to walk right onto the property. While law enforcement's job is to track down and prosecute the criminal, there is another layer of accountability that victims should understand. Property owners and management companies have a fundamental legal duty to provide a reasonably secure environment for their residents. When they fail to do so, they can be held civilly responsible under a legal concept known as negligent security. When Is a Landlord Responsible for a Crime? Landlords are not expected to predict the future, but they are legally required to read the writing on the wall. If an apartment community has a history of crime, management is officially on notice. Ignoring red flags creates an environment where violence becomes foreseeable. If residents have repeatedly complained about broken perimeter gates, burnt-out parking lot lights, or faulty building locks, a property owner who ignores these maintenance issues is putting profits over people. A perpetually dark stairwell or a security gate that anyone can push open practically invites bad actors onto the premises. Navigating Florida's Complex Security Laws Recent changes to Florida Negligent Security Law have made premises liability cases more complicated for apartment residents. Under the latest tort reform measures, large multifamily complexes can sometimes shield themselves from liability if they install specific security features, such as surveillance cameras and controlled access points. However, this legal protection is not an absolute free pass. If a landlord simply checked the boxes on paper but failed to maintain the equipment—like installing dummy cameras or leaving a security gate broken for months—that legal shield can be dismantled in court. Because juries can now assign a percentage of fault directly to the criminal attacker, proving the landlord's specific structural negligence is more critical than ever. But remember, landlords can still be held responsible and an experienced lawyer from the beginning will help. Steps to Take After an Incident If you survive an attack on your property, your absolute first priority is your physical safety and health. Call the police immediately to generate an official report and seek emergency medical attention, even if you think your injuries are minor. Once you are safe, time is of the essence. Evidence disappears quickly. Surveillance footage is routinely recorded over within days, and management companies often rush to fix broken locks or gates to hide their negligence. If possible, have a trusted friend or family member take photographs of the exact conditions—like the open gate or unlit corridor—that allowed the attacker to reach you. Navigating the aftermath of an assault is deeply overwhelming, and battling a property management company's insurance adjusters shouldn't be your burden. Trial Attorney Jeffrey Altman and The Altman Law Firm is dedicated to helping South Florida residents hold negligent property owners accountable. We understand how to investigate these incidents, uncover a hidden history of property negligence, and fight for the compensation you need to heal. Call us at 305.373.3730 or WhatsApp/Message us at 954.373.3730. Keep in mind that Florida generally allows victims two years from the date of the incident to file a negligence claim. Taking swift legal action ensures that vital evidence is preserved and your right to seek justice is fully protected.