Could an Apartment Complex in Florida Be Liable for a Sexual Assault?
Sexual battery is a serious crime in Florida. A victim may have a civil claim against the attacker and, in some cases, a negligent third party. An apartment complex in Florida may be liable for sexual assault on the grounds of negligent security. Here, our West Palm Beach civil sexual assault attorney explains the key things to know about bringing a claim against an apartment complex.
An Apartment Complex Can Face Liability for Negligent Security
Florida law can hold an apartment owner, operator, or property manager liable when negligent security contributes to a foreseeable sexual assault. The claim does not impose liability simply because a crime occurred on the property. Instead, the victim must establish the elements of negligence, including a duty to provide reasonable security under the circumstances, a breach of that duty, causation, and damages. Notably, in Florida, courts treat negligent security as a form of premises liability. In the residential context, inadequate locks, broken access gates, deficient lighting, uncontrolled access to common areas, or failure to address known security problems may support a claim when the evidence connects the security failure to the assault.
Foreseeability is Key to a Negligent Security Claim (Civil Sexual Assault)
A property owner does not insure tenants and guests against every criminal act. Liability turns in substantial part on whether criminal activity presented a foreseeable risk that required reasonable security precautions. Florida courts examine evidence of prior criminal activity when determining whether the property owner had reason to anticipate future criminal conduct.
That inquiry requires a fact-specific investigation. A comprehensive investigation is a must. Evidence is key to any type of civil claim, and a sexual assault case is certainly no exception to the rule. Some of the evidence that can be relevant in these types of claims include prior assaults, robberies, burglaries, trespassing, police calls, resident complaints, security reports, and other criminal activity associated with the property.
Florida Law Creates a Security Presumption for Certain Apartment Properties
Florida enacted a specific negligent security statute for multifamily residential properties (Fla. Stat. § 768.0706). The law applies to qualifying residential properties containing at least five dwelling units on a parcel. An owner or principal operator receives a presumption against liability for third-party crimes if it substantially implements the security measures listed in the statute.
Along with other things, those measures include entry and exit cameras, specified parking-lot lighting, common-area lighting, deadbolts, window and sliding-door locks, certain pool-gate controls, door viewers, a qualifying crime-prevention assessment, and employee safety training. Still, the specific circumstances of the incident always matter.
To be clear, the protection is a presumption, not absolute immunity. The owner bears the burden of proving substantial implementation of the statutory measures. Section 768.0706 also expressly states that it does not create an independent private cause of action. An experienced Florida civil sexual assault lawyer can help you navigate this law and the claims process more broadly.
Contact Our West Palm Beach Civil Sexual Assault Lawyer Today
At Pike & Lustig, LLP, our West Palm Beach civil sexual assault attorneys provide compassionate, justice-focused representation to victims. If you or your loved one was the victim of sexual violence at an apartment complex, we can help you evaluate all available civil legal claims. Contact us today to arrange a free, confidential initial consultation with a top Florida attorney.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.0706.html
