Negligent Security Injury Claims in Florida: Your Rights After Assault or Injury in Daytona Beach, DeLand, or Sanford
How Florida Law Protects Victims of Assaults, Robberies, and Other Crimes Caused by Inadequate Security
When a business, apartment complex, or hotel fails to provide adequate security and a visitor is harmed as a result, the property owner may be legally responsible. These cases, known as negligent security claims, fall under Florida’s premises liability law.
At My Affordable Attorney, we represent clients across Daytona Beach, DeLand, Sanford, and throughout Central Florida who have suffered injuries due to preventable criminal acts on unsafe premises. This post explains your rights, the law, and how to protect your potential claim.
What Is a Negligent Security Claim?
Negligent security is a legal theory that holds property owners liable when a person is injured by a third party’s criminal act because the owner failed to take reasonable steps to provide safety. These cases often involve:
- Assaults or shootings at apartment complexes
- Physical attacks at bars or nightclubs
- Robberies or stabbings in poorly lit parking lots
- Crimes inside hotels or motels lacking cameras or staff
Property owners are not liable for every criminal act, but Florida law imposes a duty to provide reasonable security when criminal activity is foreseeable.
What Florida Law Says About Liability for Criminal Acts
Florida Statutes § 768.0755
This statute requires injured plaintiffs to prove that the owner had actual or constructive knowledge of the dangerous condition and failed to address it. While this law applies to transitory foreign substances (such as slips or spills), the same logic applies in negligent security cases: the owner must have had a reasonable opportunity to prevent foreseeable harm.
Florida Statutes § 768.0701
Effective for incidents occurring on or after March 24, 2023, this statute requires juries to apportion fault not only to the property owner but also to the third-party criminal. This provision often complicates the recovery process and makes early legal involvement essential.
Florida Statutes § 95.11(4)(a)
This is the statute of limitations for personal injury claims in Florida. As of 2023, you generally have only two years from the date of injury to file suit. Missing this deadline will likely bar recovery entirely.
Case Law Supporting Negligent Security Claims
Florida courts have long recognized a property owner’s duty to protect patrons and invitees from foreseeable criminal acts.
Hall v. Billy Jack’s, Inc., 458 So. 2d 760 (Fla. 1984)
The Florida Supreme Court held that a bar owner could be liable for failing to protect a patron from a foreseeable assault. The decision emphasized the owner’s duty to implement safety measures where prior incidents suggested a risk.
Stevens v. Jefferson, 436 So. 2d 33 (Fla. 1983)
A landlord was found liable for an attack that occurred in a residential parking area. The court ruled that even one prior similar incident could put a landlord on notice, triggering a duty to take reasonable steps.
Adams v. G & S Realty Corp., 849 So. 2d 471 (Fla. 2d DCA 2003)
This case clarified that the foreseeability of a crime and adequacy of security are fact questions for a jury. In other words, these cases rarely get dismissed early and often hinge on the property’s specific history and condition.
Foreseeability and Central Florida Crime Trends
To win a negligent security case, a plaintiff must generally show that the criminal act was foreseeable. Florida appellate courts differ on what counts as foreseeable:
- Daytona Beach, DeLand, and Sanford (5th DCA): Courts here tend to allow broader evidence of crime trends, including nearby or prior incidents, to show foreseeability.
- Miami-Dade (3rd DCA): Courts apply a stricter test, often requiring nearly identical crimes in the same exact location.
That means victims in Central Florida may have an easier time proving foreseeability, especially if there is a history of violence, prior 911 calls, or resident complaints.
Examples of Negligent Security in Daytona Beach, DeLand, and Sanford
- Daytona Beach: During Bike Week, bar patrons are injured due to lack of crowd control or absent bouncers.
- DeLand: Tenants are assaulted in dimly lit apartment parking lots without security cameras.
- Sanford: Hotel guests are attacked in hallways with broken door locks and no on-site staff at night.
In each case, a history of similar incidents or ignored complaints may allow a claim to proceed.
Damages Available in a Florida Negligent Security Lawsuit
If successful, a negligent security plaintiff may recover:
- Medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress (such as PTSD)
- Out-of-pocket expenses
- In some cases, punitive damages
Claims filed after March 2023 may be reduced if a jury finds the criminal actor more than 50 percent at fault, due to Florida’s new modified comparative fault rule under § 768.0701.
What to Do Immediately After an Incident
If you or a loved one was injured due to poor security:
- Call police and report the incident.
- Document the scene — take photos of lighting, locks, cameras, entry points.
- Request security footage be preserved immediately.
- Obtain medical treatment and keep records.
- Consult a local attorney without delay.
You have only two years to file a claim, and important evidence may be lost if you wait.
Your Central Florida Negligent Security Attorney
Were you injured due to poor or absent security in Daytona Beach, DeLand, or Sanford?
You may have a valid negligent security claim. At My Affordable Attorney, we charge only a 25% flat contingency fee—unlike the 40% most firms charge. We are available 24/7 and proudly serve clients across Volusia, Flagler, Seminole, and Orange Counties, as well as the entirety of the State of Florida. Call or email today to to discuss the facts of your specific case.