In Florida, a landowner has a duty to protect a person lawfully upon their property from a criminal attack that is reasonably foreseeable (likely to happen). To determine if a criminal attack is reasonably foreseeable, courts look to evidence of similar crimes in the area, temporal proximity of the crimes, and geographic proximity of the crimes to the incident in question.
Simply put, if a landowner’s premises are in an area where crime is common, or the landowner is aware of a dangerous condition (a broken gate, poor lighting, or a defective security system) he or she has a duty to protect a person lawfully upon their property from criminal attack. This rule of law applies to shopping centers, nightclubs, casinos, parking garages, ATMs and residential rental property.
If you or a loved one has been the victim of a criminal attack, upon the property of another, contact Paul Wilson at the Wilson Law Firm South Florida immediately.