When a property owner is liable for an assault
Reviewed by
by: Paul R. Shalhoub
Being attacked on someone else's property is not automatically their fault. It becomes their fault when the attack was foreseeable and they did nothing that a reasonable owner would have done.
Key takeaways
The short version, before the detail.
- Liability turns on foreseeability: prior crime on or near the property, and whether the owner knew about it.
- Broken gates, failed lighting, absent or untrained security and unrepaired access control are the recurring failures.
- Florida Statute 768.0706, enacted in 2023, gives multifamily residential owners a presumption against liability if they meet specified security measures.
- Police call history for the address is often the single most useful piece of evidence.
- The claim is against the property owner or manager, separately from any case against the attacker.
Foreseeability is the whole question
A property owner owes invitees a duty of reasonable care, which can include protecting them from the criminal acts of third parties where those acts are foreseeable. Foreseeability is usually built from history: prior similar crimes on the property, crime in the immediate area, complaints from residents, and the owner's own incident reports.
A parking garage with four robberies in two years and a gate that has not worked since spring is a different case from an isolated incident at a property with no history.
The failures that come up again and again
- Access gates propped open, broken, or never repaired
- Lighting that is out, inadequate, or shrouded by overgrown landscaping
- Security cameras that are decorative, unmonitored, or not recording
- Guards who were promised in the lease and are not there
- Locks, doors and windows that do not meet code
- Prior incidents never reported to residents
The 2023 presumption
Florida Statute 768.0706 creates a presumption against liability for owners and principal operators of multifamily residential properties who substantially implement a listed set of security measures, including specified lighting, locks, camera coverage at entries, and employee crime deterrence training.
The presumption is not absolute, and whether a property actually met the requirements is a factual question that is frequently contested.
Do you need a lawyer for a negligent security claim?
This is the hardest category to pursue alone, and the easiest to lose by waiting.
Where you probably do not. You were not hurt, or the harm was property only. A claim against a property owner turns on injury.
Where you probably do. Essentially any injury case here, and quickly. The evidence that decides it belongs to the other side and disappears on a schedule: camera footage overwritten in days or weeks, the owner's own incident reports, maintenance records for gates and lighting, and the police call history for that address, which is what proves the owner knew. Nothing about your own account establishes foreseeability; the records do, and they stop existing.
The consultation is free, so finding out which one you are in costs a phone call.
Frequently asked questions
Can I sue if the attacker was never caught?
Yes. The claim against the property owner is separate from any case against the person who attacked you.
What evidence matters most?
Police call history for the address, the owner's incident reports, maintenance records for gates and lighting, and camera footage, which is usually overwritten quickly.
Does this apply to hotels and bars?
Yes. The duty applies broadly to businesses that invite the public, with the analysis turning on the same foreseeability question.
I was a tenant. Does my lease stop me?
Lease terms are raised but rarely end a claim. Many attempted waivers of this kind are unenforceable.
Talk to Paul about your claim
Consultations are free and confidential. We advance case costs, and you owe no attorney’s fees or reimbursement of those costs unless we recover compensation for you. Paul handles every case personally.
Written by
Paul R. Shalhoub
Personal injury attorney, West Palm Beach
Paul R. Shalhoub is the owner of Shalhoub Law Injury & Accident. He began his career defending insurance carriers and now represents the people those carriers underpay, handling every case personally from the first call through trial. He was mayor of Lake Clarke Shores in 2022 and 2023, after three terms on its town council, and sits on boards across Palm Beach County.
How we help with a negligent security claim
The claim types this article touches, and how the firm runs them.
