Florida Premises Liability

Negligent Security

When a business’s failure to provide basic security lets a foreseeable attack happen, it can be liable — but a 2023 change lets juries put fault on the criminal too. Here is the current landscape.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

What Negligent Security Is

Property owners have a duty to keep lawful visitors reasonably safe. When a business ignores a foreseeable risk of crime — in a poorly lit parking lot, an apartment complex with broken locks, a venue with known prior incidents — and a visitor is attacked, the owner can be liable for negligent security.

The Governing Statute
Fla. Stat. § 768.0706 — Negligent Security / Premises Liability
"A property owner may be liable for negligent security where a foreseeable criminal act causes injury to a lawful visitor and the owner failed to take reasonable measures to protect against that foreseeable risk."
Read the full statute on Online Sunshine →

Foreseeability is the heart of these cases — often shown through prior crimes at or near the property that put the owner on notice.

What HB 837 Changed

The 2023 reform reshaped these claims. It created a framework allowing the fact-finder to apportion fault to the person who actually committed the crime, alongside the property owner — which can reduce the owner’s share. It also provided certain presumptions for property owners who implement listed security measures. These changes make proving and structuring a negligent security case more complex than before.

Frequently Asked Questions

Can I sue a business if I was attacked on their property in Florida?
Potentially, through a negligent security claim, if the criminal act was foreseeable and the owner failed to take reasonable security measures. Foreseeability is often shown by prior crimes at or near the property.
Did HB 837 change negligent security claims in Florida?
Yes. The 2023 reform allows fault to be apportioned to the criminal who committed the act, alongside the property owner, and created presumptions for owners who adopt certain security measures — making these cases more complex to prove.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 768.0706 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.