- +1 (786) 885-3425
- 7340 Southwest 90th Street, Miami, FL 33156
If you or someone you love was attacked, assaulted, or injured on someone else’s property because the owner failed to provide adequate security, Florida law gives you the right to hold that property owner financially accountable, regardless of whether the person who harmed you was ever caught or convicted.
Bello Law P.A. combines deep knowledge of Florida premises liability law with something no other firm can offer: founding attorney Joel Bello, Esq. spent more than 20 years in law enforcement, including SWAT operations, before becoming a personal injury lawyer. That means when your case requires someone who knows exactly how to evaluate a security failure, read a police dispatch log, or challenge a property owner’s claim that their cameras and locks were adequate, you have an attorney who has done that work in the field, not just in a courtroom.
Call (786) 885-3425 for a free consultation, or submit your case details online. Our team is available 24 hours a day.
Negligent security is a category of premises liability, the area of law that holds property owners responsible for injuries that happen on their property when those injuries result from the owner’s failure to maintain reasonably safe conditions.
Under Florida law, property owners owe a legal duty of care to anyone lawfully on their premises. When a property owner knows, or reasonably should know, that criminal activity is a foreseeable risk on or near their property, they are required to take reasonable steps to prevent it. When they fail to do so, and someone is injured as a result, the victim may have a valid negligent security claim.
This is not about blaming innocent victims or letting violent criminals off the hook. It is about holding the party who created or ignored the dangerous condition, the property owner, financially responsible for the foreseeable consequences of that failure.
Florida courts use what is commonly called the “prior similar incidents test” to determine whether a crime was foreseeable. The central question is: did the property owner have reason to know that a crime like this could happen?
Evidence used to establish foreseeability includes:
Bello Law P.A.’s litigation approach specifically targets these records early — before property owners and their insurers can sanitize incident logs or allow surveillance footage to overwrite.
Florida’s sweeping 2023 tort reform law (HB 837) introduced two provisions that directly affect negligent security claims. Both can be used by property owners to limit or defeat your claim — and understanding them is essential to protecting your recovery.
Apportionment of fault (F.S. § 768.0701): Florida now requires juries to assign a percentage of fault to every party involved in causing the injury — including the criminal who committed the act. A property owner’s insurer will aggressively argue that the criminal bears most or all of the fault, reducing the property owner’s financial exposure. Our firm builds cases that establish the property owner’s independent, preventable failure separately from the criminal’s conduct, ensuring the jury has the evidence it needs to hold both parties responsible.
Multifamily property safe harbor (F.S. § 768.0706): Apartment complexes, condominiums, and similar properties can claim a presumption against liability if they demonstrate they implemented certain baseline security measures (lighting, locks, cameras, security audits). This presumption is rebuttable — and our team knows exactly how to challenge it. A broken camera, a burned-out parking light, or a lock that was reported as malfunctioning weeks before your attack can defeat the safe harbor defense entirely.
Common Types of Inadequate Security Violations
Physical and Perimeter Failures
Staffing and Security Management Failures
High-Risk Properties for Security Failures in Florida
Negligent security incidents occur across a wide range of property types. Our firm has handled claims involving all of the following:
Property type | Common security failure |
Apartment complexes and condominiums | Broken entry gate locks, unmonitored parking areas, failure to respond to prior tenant complaints about criminal activity |
Hotels and resort properties | Inadequate lobby security, broken room locks, poorly lit parking structures, failure to screen for non-guests in common areas |
Bars, nightclubs, and entertainment venues | Insufficient or untrained door staff, failure to stop known aggressors, inadequate lighting in exterior areas where patrons exit late at night |
Shopping centers, plazas, and convenience stores | Poorly lit parking lots, lack of security presence during high-risk hours, failure to address documented loitering and prior incidents |
Parking garages and surface lots | Non-functional cameras, no attendants during vulnerable hours, poor lighting in stairwells and on upper levels |
ATM locations | Lack of adequate lighting, absence of physical barriers, failure to address prior robbery reports at the same machine |
Vacation rental properties (VRBO/Airbnb) | Host failure to disclose known crime risk, broken exterior locks, absence of working external cameras |
Why Choose Bello Law P.A.? The Law Enforcement Advantage
Most personal injury lawyers approach a negligent security case by reading a police report. Attorney Joel Bello, Esq. approaches it the way a trained law enforcement professional would — because he is one.
Joel Bello spent more than 20 years in law enforcement, including specialized SWAT tactical operations, before founding Bello Law P.A. That background gives your case a direct, measurable advantage:
SWAT and Tactical Field Experience
Attorney Bello understands exactly what adequate security looks like — because he has implemented it under real-world conditions. When he reviews a parking garage where you were attacked and finds a camera pointed at the wrong angle, a gate that should have been monitored, and a lighting gap between the elevator bank and the stairwell exit, he is not guessing. He is reading a security failure the way a trained officer reads a crime scene.
That knowledge is what allows Bello Law to identify the specific, provable lapses that establish liability — not just general inadequacy, but the precise failure that a competent property manager, applying industry-standard practices, would have corrected.
Aggressive Evidence Collection
The evidence that wins negligent security cases — surveillance footage, dispatch logs, crime analytics, internal property management communications — disappears fast. Footage overwrites. Records get “lost.” Bello Law moves immediately to preserve it.
Our approach includes:
Statewide Representation Against Major Insurers
Florida’s largest property owners — apartment corporations, hotel chains, shopping center groups — are defended by experienced insurance carriers who spend heavily on legal defense. Bello Law P.A. has litigated against those carriers across the state of Florida and knows their playbook. We do not settle cases cheaply. We build them for trial from the beginning, which is precisely why the other side takes our cases seriously from the moment we file.
Damages Recoverable in a Florida Negligent Security Claim
A successful negligent security claim can recover compensation for every financial and personal consequence of the property owner’s failure. Florida law allows victims to pursue:
Category | What it covers |
Past medical expenses | Emergency room, hospitalization, surgery, diagnostic imaging, and all treatment from the date of the incident forward |
Future medical expenses | Projected costs of ongoing treatment, therapy, rehabilitation, and any required long-term care |
Lost earnings | Wages, salary, freelance income, and other compensation lost while recovering from the injury |
Loss of future earning capacity | If your injury permanently affects your ability to work at your prior level, the projected lifetime difference in earning capacity |
Pain and suffering | Compensation for physical pain and the mental anguish of living with the consequences of a violent crime |
Emotional distress and PTSD | Psychological injury caused by the trauma of the attack, including anxiety, PTSD, depression, and inability to return to prior activities |
Wrongful death damages | For families who lost a loved one due to inadequate security: funeral expenses, lost financial support, and loss of companionship |
What to Do After Suffering an Attack on Unsafe Property in Florida
The steps you take in the hours and days after an attack directly affect the strength of your legal claim. Here is what matters most:
Frequently Asked Questions About Florida Negligent Security Claims
What is the statute of limitations for a negligent security lawsuit in Florida?
For incidents that occurred after March 24, 2023, Florida Statute § 95.11(5)(a) sets the deadline at two years from the date of the injury. For incidents occurring before that date, the prior four-year deadline may apply. Missing this deadline means losing your right to file, regardless of how strong your case is. Do not wait.
Can I bring a claim if the person who attacked me was never caught or convicted?
Yes — and this is one of the most important things to understand about a negligent security claim. You are not suing the criminal. You are suing the property owner for their independent failure to provide a reasonably safe environment. The outcome of any criminal case — or the absence of one — does not determine your right to civil compensation.
How does the apartment complex safe harbor law affect my case?
Under F.S. § 768.0706, a residential property owner who has implemented certain baseline security measures (adequate lighting, deadbolt locks, security cameras in certain areas, an annual security assessment) may claim a legal presumption that they were not negligent. However, this presumption is rebuttable. If those measures were broken, poorly maintained, inadequate for the known level of crime risk, or not actually implemented as claimed, the safe harbor defense fails. Our investigation is specifically designed to expose those gaps.
How long does a negligent security case take to resolve?
It depends significantly on the severity of your injuries and the complexity of the evidence. Cases involving catastrophic injury or wrongful death typically require more time to build — both because the medical picture takes longer to establish and because property owners with significant insurance coverage fight harder. Straightforward cases with strong evidence can resolve in six to twelve months. Complex litigation may take two years or more. We keep you informed at every stage.
Does Bello Law P.A. handle cases outside Miami-Dade County?
Yes. We represent negligent security victims across the state of Florida, including Broward, Palm Beach, Monroe, Collier, and Lee counties, as well as clients in Central and North Florida. If you are unsure whether we serve your area, call us — the consultation is free.
Florida Negligent Security Representation — Locations We Serve
Our negligent security attorneys represent clients across South Florida and beyond. If your incident occurred in any of the following locations, we have a dedicated local page with information specific to your area:
If your location is not listed, call us directly. We represent clients throughout Florida.
Contact a Florida Negligent Security Attorney Today
Hold careless Florida property owners accountable.
If you or a family member was attacked, robbed, or assaulted on a property where the owner failed to provide adequate security, you may have a valid claim for significant compensation — and the window to preserve the evidence that wins that claim is closing.
Bello Law P.A. offers a completely free, no-obligation case review. There is no fee unless we win.
Call: +1 (786) 885-3425
Email: Bello@bellolawmiami.com
Online: Submit your case details at bellolaw.com/contact
If you’ve lost a loved one due to negligence or misconduct, you may seek justice and compensation for your loss.
