Can I sue an apartment complex for an assault on the property?
Possibly. The claim is that the complex knew or should have known of a risk and failed to take reasonable measures.
What supports it. Prior violent crime at the property. Broken gates, non-functioning locks, burned-out lighting, or disabled cameras — particularly where residents had complained. Police call history for the address. Failure to warn residents about known incidents.
What Florida changed. § 768.0706 creates a presumption against liability for multifamily residential property owners who substantially implement specified security measures — lighting, locks, camera coverage in certain areas, and related standards.
Where the case then lives. Whether the standards were actually implemented and maintained, as opposed to installed and neglected. A camera that doesn't record and a gate propped open are different from compliance.
Comparative fault to the assailant also reduces the owner's share.
What to preserve early. Maintenance records, work orders, prior complaints, police call history, and photographs of the conditions before anything is repaired.
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