When you visit a business, park in a garage in Brickell, or rent an apartment in Miami, you expect the property owner to take reasonable steps to keep you safe. Unfortunately, when landlords and business owners ignore security risks, violent crimes like assaults, robberies, and sexual battery can occur. At Altman Law Firm, we represent individuals who have suffered severe harm due to negligent security on commercial and residential properties throughout Miami-Dade County. Led by attorney Jeffrey S. Altman, we help victims seek the accountability and financial recovery they need to heal.
Under Florida premises liability law, property owners have a legal obligation to maintain reasonably safe conditions for visitors, customers, and tenants. This duty extends beyond fixing physical hazards like broken stairs; it also includes providing adequate security measures to deter foreseeable criminal activity. In a bustling city like Miami, from busy nightlife spots in Wynwood to apartment complexes near Kendall, foreseeability often depends on the property's history. If a business or landlord knows—or should know—about previous crimes on or near their premises and fails to implement proper security, they can be held legally responsible for subsequent attacks.
Negligent security can manifest in many different ways depending on the type of property. Common examples include broken or unmonitored security cameras, poorly lit parking lots and stairwells, broken locks on apartment gates, and a lack of trained security guards in high-risk areas. Whether you were assaulted in a shopping center parking lot off US-1, targeted in a poorly secured parking garage in Downtown Miami, or harmed at a local hotel, these failures create opportunities for criminals. Our firm carefully investigates these incidents, gathering evidence such as past police dispatch logs, security footage, and property maintenance records to demonstrate how the owner's inaction contributed to your injuries.
Pursuing a negligent security claim requires a deep understanding of Florida's evolving legal landscape. Notably, Florida recently updated its statute of limitations for negligence actions, meaning injured parties generally have a shorter window—typically two years from the date of the incident—to file a lawsuit. Additionally, Florida operates under a modified comparative fault system, where your financial recovery can be reduced if you are found partially at fault, and you may be barred from recovery if you are more than 50% responsible. Furthermore, property owners often attempt to shift blame entirely to the criminal third party. We understand how to counter these defenses and build a robust case designed to protect your rights.
Foreseeability is a key element in a negligent security case. It generally refers to whether a property owner should have anticipated the crime based on prior similar incidents on or near the property, the location of the business in a high-crime area, or previous complaints made by tenants or patrons.
Yes. A negligent security claim is a civil action against the property owner or manager, not a criminal case against the attacker. While a criminal conviction can support your case, it is not a requirement to pursue a civil claim for damages resulting from the property owner's failure to provide adequate security.
Depending on the circumstances of your case, you may seek compensation for medical bills, ongoing physical therapy, lost wages, loss of future earning capacity, and pain and suffering. If a loved one tragically lost their life due to an attack, surviving family members may also pursue a wrongful death claim.
Florida uses a modified comparative fault system. If a jury determines that you share some responsibility for the incident, your compensation will be reduced by your percentage of fault, as long as your fault is not greater than 50%. If you are found to be more than 50% at fault, you cannot recover damages from the property owner.
Under current Florida law, the statute of limitations for most personal injury claims, including negligent security, is two years from the date the injury occurred. Because gathering evidence like security footage and police reports is time-sensitive, it is highly advisable to consult with a legal professional as soon as possible.
If you or a loved one has been injured due to inadequate security in Miami, contact Altman Law Firm today to schedule a free, confidential consultation to discuss your legal options. Call (305) 373-3730.