AFTER AN ATTACK ON A PROPERTY
When might property security be part of a claim?
A negligent-security inquiry asks whether a party responsible for a property failed to take legally required precautions against a foreseeable criminal act, and whether that failure contributed to an injury. An attack on a property does not automatically make its owner or manager responsible.
The exact location matters: an entrance, common area, parking lot, and neighboring public street may involve different parties and duties. Why the injured person was there and who controlled the relevant area also matter. Florida courts examine these issues as part of premises liability.
Three questions guide an initial review
Who controlled the area?
Ownership, management, leases, and security arrangements may help identify who had responsibility for the location where the injury occurred.
What risk and conditions existed?
Relevant facts may include prior incidents or complaints, lighting, access controls, and what those responsible knew about a risk before the attack.
How did a failure contribute?
The evidence must connect an alleged security failure to the injury. A broken gate or missing camera, by itself, does not establish a claim.
Information that may help preserve the facts
Start with information you already have. Do not return to an unsafe location or confront anyone to collect evidence.
- Location and timing: the property address, exact area, date, time, and reason you were there.
- Reports and witnesses: a police report number, property incident report, and names of people who saw relevant events.
- Conditions you observed: photographs, messages about a damaged lock or gate, lighting concerns, or complaints made before the incident.
- Property information: the business or property manager’s name and any lease, guest, or parking documents already available.
- Effects of the injury: treatment information, missed work, and changes to daily activities.
Video, access logs, maintenance records, and security reports may be held by others. Whether those records exist, can be obtained, and relate to the event requires investigation. Note potential sources promptly and keep documents in their original form.
Florida rules that may affect the analysis
For covered property cases involving a third party’s criminal act, section 768.0701 requires consideration of the fault of everyone who contributed to the injury. The attacker’s conduct therefore remains part of the analysis.
Certain multifamily residential properties may qualify for a presumption against liability under section 768.0706 if specified security measures and other conditions are met. That statute does not itself create a claim. The property type, measures in place, and statutory requirements need an individual review.
Questions after a criminal attack
Is a civil claim the same as a criminal prosecution?
No. A prosecution addresses alleged criminal conduct. A civil negligent-security claim examines whether a responsible party owed and breached a duty that contributed to an injury. One does not automatically establish the other.
Can I request a review if the attacker has not been identified?
Yes. Tell us what is known and whether law enforcement is investigating. An unidentified attacker can present evidentiary difficulties, but you can still ask the firm to assess the circumstances.
What if I have no photographs or video?
Explain what you observed and who else may have information. Reports, witnesses, property records, and other available evidence may help. We cannot assume that surveillance footage exists or has been retained.
Should I wait until the criminal case ends?
Do not assume a criminal case pauses the deadline for a civil claim. Seek advice promptly so dates, potential records, and the particular legal issues can be reviewed.
Meet the firm’s attorneys
Learn about Tyler K. Vaughn and Nicole N. Sanchez, the attorneys at Sanchez Vaughn, Trial Lawyers. Their biographies explain their backgrounds and experience.
