Negligent Security · Fort Lauderdale

Fort Lauderdale negligent security lawyer.

You were robbed, beaten, or shot on someone else's property — and it could have been stopped. When a property owner ignores a known danger and a foreseeable crime follows, that owner can be held responsible. As your Fort Lauderdale negligent security lawyer, Robert DiStefano holds them to it.

  • 40+ yearsFlorida personal injury
  • $100M+ recoveredfor Florida accident victims
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What a negligent security case is

When to call a Fort Lauderdale negligent security lawyer

A negligent security case is not about the criminal. It is about the property owner who made the crime easy. As a Fort Lauderdale negligent security lawyer, Robert DiStefano brings civil claims against apartment complexes, garages, hotels, bars, and stores whose lack of reasonable security let a foreseeable attack take place. The person who hurt you may never be caught. The business that left the gate broken and the lot dark still has to answer for the harm.

Florida law expects a property owner to take reasonable steps to protect the people they invite onto their land. When a parking garage has no working cameras, when an apartment's promised security guard is gone, when a broken access gate has been reported for months — and a crime that should have been guarded against happens anyway — that gap between what was reasonable and what the owner actually did is the heart of your case.

These claims are different from a slip-and-fall and different from a straight assault claim. You have to show the crime was foreseeable and that reasonable security measures would likely have prevented it. That takes a lawyer who knows where to find the proof: police call histories, prior incident reports, lighting and camera records, and the property's own security policy. Robert has spent four decades building exactly those records for injured Florida clients.

The Florida law that governs your claim

Negligent security under Florida statutes

Negligent security sits at the crossroads of premises-liability duty, a 2023 statute built for apartment owners, and the deadlines and fault rules the Legislature rewrote that same year. Here is the law that decides your case.

Fla. Stat. § 768.0706 enacted 2023

The multifamily security presumption

This 2023 statute gives the owner of an apartment complex a presumption against liability for a crime committed by a third party — but only if the owner has put in place the specific measures the statute lists, such as security cameras at entrances and exits, lighting in parking lots and walkways, deadbolt locks, and door peepholes. The presumption is not a free pass. It can be rebutted with proof the owner knew the property was dangerous — most often through a documented history of prior crime — and still failed to act reasonably.

Florida common law — duty by visitor status

What the owner owed you

Long-standing Florida law sets how much care a property owner owes based on why you were there. A business customer or apartment tenant is an invitee — owed the highest duty, including reasonable steps to guard against foreseeable criminal acts. A social guest is a licensee. Even a trespasser is owed a duty not to be harmed by willful or wanton conduct. Your status on the property shapes the case from day one.

Fla. Stat. § 768.81 amended 2023

Modified comparative negligence

Since the 2023 reform, Florida follows a 51% bar. If you are found more than 50% at fault for what happened to you, you recover nothing. At 50% or less, your award is reduced by your share. In negligent-security cases the defense often tries to shift blame onto the injured victim, so this rule matters — and it is exactly the argument Robert is built to push back on.

Fla. Stat. § 95.11(4)(a) amended 2023

The two-year deadline

The 2023 reform shortened the deadline to file most negligence lawsuits — negligent security included — to two years from the date of injury. Miss it and the court can throw your case out no matter how strong it is. Security footage gets overwritten and witnesses move on, so the real clock is even shorter. Call early.

This page provides general information about Florida law and is not legal advice. Statutes and case law change; your specific case requires a consultation.

Broward County, on the ground

Where these crimes happen here

Negligent security is a local problem with local addresses. Robert lives and practices in Broward, and he knows the kinds of places where these cases come from — and the security gaps that keep showing up.

Apartment & condo complexes

  • Broken access gates — a perimeter gate stuck open for weeks, reported and ignored, lets anyone walk in.
  • Promised, then gone — a leasing office advertises "controlled access" or a courtesy patrol that no longer exists.
  • Dark breezeways — burned-out lighting in stairwells and walkways where assaults and robberies happen after dark.

Downtown parking garages

  • Las Olas Boulevard — busy nights and valet lots draw thieves; dead cameras and no attendant leave drivers exposed.
  • Himmarshee Street district — late-closing garages near the bars are common scenes for assaults and carjackings.
  • Stairwell blind spots — the corners cameras never cover are where people get cornered.

Nightlife & venues

  • Himmarshee bars & clubs — overserved crowds and too few trained staff turn a packed venue into a danger zone.
  • Las Olas restaurants & lounges — fights that spill into the lot when there is no security presence outside.
  • Untrained "bouncers" — security staff who use excessive force, or who are simply not there when trouble starts.

If a known danger had an address and a paper trail, your case has a foundation. Our job is to find it before it disappears.

Why DiStefano Law

Robert handles your case personally

When you call DiStefano Law, you are not handed off to a rotating cast. Robert DiStefano has practiced Florida personal-injury law for more than 40 years, and he works your negligent-security case himself — from the first call through the records fight and into the courtroom if the insurer will not be fair.

You pay nothing up front. We take these injury cases on contingency: no fee unless we recover for you. Your first case review is free, confidential, and same-day. We will tell you honestly whether the security gap is provable and what the path looks like.

01

Lock down the proof

We move fast to preserve security video, lighting and camera records, and the property's incident history before they are overwritten or lost.

02

Prove foreseeability

We pull police call histories and prior-crime records to show the owner knew — or should have known — the danger was real.

03

Press for full value

We deal with the insurers directly and push for a recovery that reflects your medical bills, lost income, and the trauma you carry.

See related case results →

Questions people ask us

Negligent security FAQ

What does negligent security actually mean?
Negligent security is a type of premises-liability claim. It means a property owner failed to take reasonable steps to protect the people they invited onto their property, and that failure allowed a foreseeable crime — like an assault, robbery, or shooting — to happen. The claim is against the owner or manager of the property, not the criminal. Common examples in Broward County include broken entry gates, no working security cameras, burned-out lighting in a parking garage, or a promised security guard who was never there.
What is the 2023 apartment-security law, and how do you beat the presumption?
Florida Statute § 768.0706, enacted in 2023, gives the owner of a multifamily property like an apartment complex a presumption against liability for a crime committed by a third party — but only if the owner installed specific measures the statute requires, such as cameras at the entrances and exits, lighting in parking lots and walkways, deadbolt locks, and peepholes. The presumption can be overcome. The most common way is proof the owner had a documented history of prior crime on the property and still failed to act reasonably. We obtain those records to rebut the presumption.
How do prior crimes help prove my case?
Foreseeability is the center of a negligent-security case. To hold an owner responsible, you generally have to show the crime against you was foreseeable — that the owner knew or should have known the property was dangerous. A history of similar crimes nearby is the strongest evidence of that. We request police call histories for the address, prior incident reports, and complaints from tenants or customers to build a record that the danger was known and the owner did too little about it.
Who can be held responsible for poor security?
It depends on who controlled the property and the security decisions. That can include the property owner, the apartment complex or its management company, a hotel or bar owner, a parking-garage operator, or a hired security company that did its job poorly. More than one party can share fault. We investigate the ownership and management structure to identify every party who may be responsible and every available source of insurance coverage.
What are my rights if I was the victim of a crime on someone's property?
If you were hurt by a crime that reasonable security could have prevented, you may have the right to recover for your medical bills, lost wages, future care, and pain and suffering — separate from any criminal case against the attacker. In Florida you generally have two years from the date of injury to file under § 95.11(4)(a), and security video is often erased within weeks, so acting quickly matters. Your first case review with Robert is free and confidential, and you pay no fee unless we recover for you.

Related premises cases: a violent assault or battery on unsafe property, a slip and fall injury, or another matter under premises liability. Not sure where your case fits? Reach out and we'll point you the right way.

Client reviews

What clients say about working with us

4.8 ★★★★★ 51 verified Google reviews Read all on Google →

★★★★★

“The best lawyer in South Florida. Thank you DiStefano for all the hard work that you and your team have done to get me amazing results.”

Taravia Google

★★★★★

“I had a wonderful experience with Robert! He fought hard for me and kept me in the loop the whole time. The whole office is just great!”

Paulavia Google

★★★★★

“Mr. DiStefano is the best! Kept me up to date with everything, and his paralegal Michelle also kept us informed. Happy with my settlement — I highly recommend him.”

Stacy Leevia Google

Free, same-day case review

Hurt by a crime that better security could have stopped?

Talk to Robert DiStefano directly. The call is free and confidential, and you owe no fee unless we recover for you.

(954) 572-8000
Robert DiStefano, Esq. · Fort Lauderdale