Negligent security is a legal concept that applies when a property owner or operator fails to take reasonable steps to ensure the safety of their property. This failure can lead to visitors or tenants suffering harm due to criminal activities or accidents.
LEGAL RESPONSIBILITY IN TAMPA
In Tampa, as in the rest of Florida, property owners and operators are expected to provide a safe environment for visitors and residents. This includes implementing adequate security measures like proper lighting, security cameras, and effective maintenance of the property to deter criminal activities and accidents. The legal responsibility hinges on the notion that property owners should foresee potential dangers and take steps to prevent them.
RECENT LEGAL CHANGES IMPACTING TAMPA
The Florida legislature recently passed House Bill 837, significantly impacting negligent security laws. This bill introduces a presumption against liability for the owners or operators of multifamily residential properties, provided they implement certain security measures.
These measures include security cameras at entry and exit points, adequate lighting in common areas, deadbolt locks on all exterior doors, and secure gates or fences around the property. This change is particularly relevant to Tampa’s numerous multifamily housing complexes and apartment buildings​​​​.
RECENT LEGAL CHANGES IN FLORIDA
Key Provisions of House Bill 837
The introduction of House Bill 837 in 2023 marked a pivotal moment in Florida’s approach to negligent security cases. This law, effective immediately upon its signing by Florida Governor Ron DeSantis, introduced several key changes that directly affect negligent security litigation, especially in urban areas like Tampa.
Presumption Against Liability for Multi-Family Housing Complexes
Under the new law, a presumption against negligent security liability is established for owners or operators of multi-family residential properties, such as apartments and condominiums, assuming they meet specific security criteria. These criteria include installing security cameras at entry and exit points, ensuring adequate lighting in parking lots and common areas, and fitting doors and windows with proper locks​​​​.
Altered Liability Apportionment
The bill modifies how liability is determined in negligent security cases. It allows for the apportionment of fault to the perpetrator of the criminal act, a significant shift from the previous legal framework where property owners could bear full responsibility for damages resulting from criminal actions on their premises​​​​.
Reduced Statute of Limitations
The statute of limitations for negligent security lawsuits has been reduced from four years to two years. This change encourages swifter action in filing claims and potentially leads to quicker resolutions, a crucial factor for victims seeking redress in Tampa​​​​.
Impact on Evidence and Damages
House Bill 837 also changes the admissibility of evidence regarding past and future medical expenses in negligent security cases. This includes limitations on the evidence that can be presented for past medical bills and a change in how future medical bills are calculated​​.
Implications for Tampa Residents
These changes have significant implications for residents and property owners in Tampa. They emphasize the importance of implementing and maintaining stringent security measures, particularly in multi-family residential properties. Additionally, the alterations in the liability and evidence rules may influence how negligent security cases are litigated and resolved in Tampa.
WHY CHOOSE US?
Our Approach
We possess a thorough understanding of Tampa’s unique challenges, including its diverse neighborhoods and varying security needs. This local insight is invaluable in building strong cases for our clients.
Adaptability to Legal Changes
Our team stays abreast of the latest legal developments, such as the nuances of House Bill 837, ensuring our strategies are up-to-date and effective​​​​​​.
Comprehensive Case Management
From investigating claims to representing clients in court, we handle every aspect of negligent security cases. Our approach includes gathering evidence, negotiating settlements, and, if necessary, representing our clients in court.
Focused on Client Needs
Our focus is always on meeting the specific needs of our clients in Tampa. We understand that each case is unique and requires a tailored approach. Our team is dedicated to providing personalized and attentive service to each client, ensuring they feel supported throughout the legal process.
WE WILL SPEAK FOR YOUR RIGHTS
Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid. Let Mubarak, Sherif & Oladipo be your advocate.
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