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I Was Assaulted at My Apartment Complex. Can I Sue the Landlord?

The unthinkable happened. You were walking into your South Florida apartment building when someone grabbed you from behind, assaulted you, and ran off with your wallet and phone. Your medical bills from the assault continue to grow. You’ve been having panic attacks and no longer feel safe even in your own home. If this situation sounds familiar, you may be wondering if you can file a lawsuit against the landlord to recover your medical costs, lost wages, ongoing psychological care bills, as well as pain and suffering.

When an injured person holds a landlord responsible for an assault committed on their property, this is called a negligent security claim. In 2023, Governor DeSantis signed new legislation changing the requirements for negligent security claims against landlords. According to the new legislation, if the landlord of an apartment building, townhouse development, or condo building meets certain security requirements, there is a presumption that the landlord was not negligent and is not responsible for the assault. For this presumption against negligence to occur, the landlord must have:

• Security cameras with video footage that is retrievable for at least 30 days at all entrances to the property
• A well-lit parking lot, walkway, laundry room, common area and porches. The light must remain on from dusk until dawn
• A 1-inch deadbolt (or larger) on each dwelling unit door
• Locks on each window, exterior sliding door, and any other individual unit doors
• A locked gate accessible with a key or fob to access the pool area
• A peephole or window by the front door of each dwelling unit

Additionally, after January 2025, the landlord must have completed and be in compliance with a crime prevention through environmental design assessment and must have provided crime prevention training to employees.

If the landlord did not meet the aforementioned requirements, you may be able to file a lawsuit for negligent security. However, a complicating factor is that the new law allows the court to apportion fault to both the landlord and the criminal who assaulted you. In the past, for a negligent security case, the landlord would be responsible for paying for your injuries. Under the current law, the court could determine that the criminal who assaulted you is fully or significantly responsible for paying for your injuries. Since the criminal likely has no significant funds that could cover your bills, you would not be able to recoup those costs.

Bringing a negligent security claim against a landlord in South Florida is more difficult than in the past, but is possible. If you have been assaulted at an apartment complex in Broward, Palm Beach or Miami-Dade counties, contact ECanter Lawyers. We will investigate the details of your specific situation and evaluate if you have a legal case against the landlord. Our initial consultation is free and you only pay legal fees if we win your case.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

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