Slip, Fall & Premises Liability

Can I sue an apartment complex for an assault on the property?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Possibly — but Florida now gives compliant multifamily owners a presumption against liability.

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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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.