As many South Floridians know, vandals, arsonists, and thieves will destroy or steal your personal property if left unguarded. Was your property damaged or were you injured as a result of an intentional acting assailant?  Did this occur at an apartment complex, condominium, or other residential community? You are not alone, many people in South Florida have had these same things happen to them, and if this happened due to the negligence of someone who’s responsibility was to keep you or your belongings safe you may have legal options. 

What are your options?

If this has happened to you, you may want to consider some of the following:

• Did the apartment complex, condominium, or other residential community have security?
• If there was security, then was there a fence, lock, or other security device that you know of which was not properly working at the time of the incident?
• Were you previously warned by anyone working for the apartment complex, condominium, or other residential community of any potential danger?

In order to recover your damages, as a result of negligent security it must first be determined whether the apartment complex, condominium, or other residential community owed you a duty.  In most instances, it must first be established that they owed you a duty to either lessen the risk and/or whether they owed you a duty to make sure that there were sufficient precautions imposed to protect you and others from any risks on the premises.

The Florida Supreme Court has held that “[w]here a defendant’s conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon the defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses.”  McCain v. Florida Power Corp., 593 So.2d 500, 503 (Fla. 1992).  Thus, where there is a higher risk of a particular type of act (or omission), then the duty of reasonable care increases.

If you have been harmed as the result of an intentional acting assailant at an apartment complex, condominium, or other residential community then call our office today for a free consultation.