Negligent Security Lawyers

How Did Florida’s 2023 Tort Reform Change Negligent Security Cases in Miami?

House Bill 837 rewrote this area of law. Under section 768.0701, Florida Statutes, the jury must now consider the fault of ALL who contributed to the injury — including the criminal attacker — which lets property owners argue the criminal, not the landlord, should bear the fault. And under section 768.0706, owners of multifamily residential properties (five or more units) can earn a presumption against liability — but only by substantially implementing the statute’s required security measures, completing a documented crime-prevention (CPTED) assessment by a designated practitioner, and providing crime-deterrence and safety training to employees by the statutory deadlines. These defenses make case selection and evidence work more important than ever: showing the owner never implemented the safe-harbor measures the statute rewards, knew about prior crime, and left protective measures broken. Negligent security claims arising in Miami, when properly venued in Miami-Dade County, are generally filed in the Eleventh Judicial Circuit. Circuit civil cases (over $50,000) with Miami-Dade County venue are heard at the Osvaldo N. Soto Miami-Dade Justice Center at 20 N.W. 1st Avenue in downtown Miami, and claims that qualify for federal jurisdiction may proceed in the Southern District of Florida, Miami Division.

How Long Do Crime Victims Have to File a Civil Claim in Florida?

Negligence claims accruing after March 24, 2023 must generally be filed within two years (section 95.11(5)(a), Florida Statutes); earlier incidents may carry the prior four-year period. A wrongful-death claim against the property owner generally must be filed within two years of the death and brought by the decedent’s personal representative. The civil case is independent of any criminal prosecution — you do not have to wait for the criminal court, and critical security-camera evidence may not wait either.

What Should Victims and Families Do After an Attack in Miami?

Make sure the crime is reported and get the police report number. Seek medical and, where needed, psychological care — both matter to your recovery and your claim. The most serious injuries in Miami are generally routed to a Level I trauma center — the Ryder Trauma Center at Jackson Memorial Hospital or HCA Florida Kendall Hospital. Preserve everything: photos of the scene, broken locks or gates, dark stairwells, and the names of witnesses. Then contact an attorney right away — video may be overwritten or deleted quickly, so prompt preservation requests matter. Silva & Silva offers free case reviews for Miami negligent security matters, in English or Spanish.

If inadequate security may have contributed to an attack on you or a loved one in Miami, Florida law can give you a civil path — but the clock and the cameras are already running. Call Silva & Silva at 305-445-0011 for a free, confidential consultation. No fees unless we recover.