Hurt in an Attack on Someone Else's Property? You May Have Options Against the Property Owner.

Spine Injury From an Assault? You May Have a Claim Against the Property Owner

Were you attacked on someone else’s property? Did it leave you with a serious back or neck injury? You may be able to sue the property owner, not only the person who hurt you.

Working locks and gates, lighting, cameras, and guards are common examples. When an owner fails to do this, and that failure allows an attack to happen, Florida law may hold the owner responsible for the harm.

This page is for people and families dealing with permanent, life-altering spine injuries after an assault. That includes a violent attack, a shooting, a beating, or a robbery that turned violent. It is not written for minor bruises or strains.

If that sounds like your situation, keep reading. Then request a free, confidential case evaluation.

You Were Hurt on Someone Else’s Property. Was Security Good Enough?

Many people assume the only person to blame is the attacker. Often that is not the whole picture. An attack may have been made possible by a gate that did not latch, a parking garage with dead lights, or cameras that were broken for weeks.

Attacks like these often happen in places such as:

• An apartment complex or its parking lot
• A parking garage or open lot
• A hotel or motel
• A bar, nightclub, or restaurant
• A gas station, store, or ATM

The person who attacked you is responsible for the attack. The owner or manager who failed to provide reasonable protection may be responsible too.

Lawyers call this kind of claim negligent security. It is a form of premises liability, which is the legal rule that owners must keep their property reasonably safe for the people lawfully on it. You do not need to know the term to get help. You only need to tell us what happened.

Can I Actually Sue the Property Owner?

This is the first question most people ask, so here is a direct answer. Yes, you may be able to sue the property owner, alone or along with the attacker.

Under Fla. Stat. § 768.0701, in an action for damages against the owner, lessor, operator, or manager of commercial or real property, brought by a person lawfully on the property who was injured by the criminal act of a third party, the trier of fact must consider the fault of all persons who contributed to the injury.

“Foreseeable” means the danger was predictable.

Here is the practical side that many websites skip. Suing the owner often matters more for your recovery than suing the attacker. An attacker may be unknown, uninsured, or unable to pay. Property owners often carry liability insurance, and we look for that coverage early so we know what resources may be available.

Florida’s Security Checklist for Apartment Complexes

For multifamily residential properties, Florida has written a specific checklist. Knowing it lets you see what an owner was expected to do.

Under Fla. Stat. § 768.0706, a “multifamily residential property” is a residential building or group of buildings, such as apartments, townhouses, or condominiums, with at least five dwelling units on a single parcel. For those properties, the statute lists measures that include:

• Security cameras at points of entry and exit that record and keep footage retrievable for at least 30 days to help identify and apprehend offenders
• A lighted parking lot at an intensity of at least an average of 1.8 foot-candles per square foot, 18 inches above the surface, from dusk until dawn, or controlled by photocell or a similar device
• Lighting in walkways, laundry rooms, common areas, and porches, illuminated from dusk until dawn or controlled the same way
• A peephole or door viewer on each dwelling unit door that does not have a window next to it
• A crime prevention through environmental design (CPTED) assessment completed for the property by January 1, 2025, and no more than 3 years old, performed by a law enforcement agency or a Florida CPTED practitioner designated by the Florida Crime Prevention Training Institute of the Department of Legal Affairs
• Crime deterrence and safety training for employees: to qualify for the presumption, the owner or principal operator must have provided this training to current employees by January 1, 2025, and to new employees within 60 days after their hire date. The training must be reviewed at least every 3 years and updated as needed.

The same statute gives an owner or principal operator of a multifamily residential property that substantially implements these measures a presumption against liability in connection with criminal acts that occur on the premises which are committed by third parties who are not employees or agents of the owner or operator. It also places the burden of proof on the owner to demonstrate that it did. In other words, the owner must show its compliance, not the injured person having to prove a negative. When a property skipped items on this list, the gaps are often the first thing we document.

Florida also gives a presumption against liability to a convenience business that substantially implements the security measures referenced in Fla. Stat. § 768.0705, in connection with criminal acts that occur on the premises and that are committed by third parties who are not employees or agents of the owner or operator of the convenience business. Whether that presumption applies depends on the facts of each property.

What Counts as a Catastrophic Back or Neck Injury From an Assault

A catastrophic spine injury is serious and permanent. It changes how you move, work, and live. These are the injuries we focus on.

• Spinal cord injury and paralysis: paraplegia (loss of use of the legs) or quadriplegia (loss of use of the arms and legs)
• Burst or compression fractures of the vertebrae, where spinal bones are crushed
• Cauda equina syndrome: pressure on the nerve roots at the base of the spine, which can affect the legs, bladder, and bowel and often requires urgent surgery
• Penetrating spine wounds from a gunshot or stabbing
• Catastrophic disc or nerve damage that requires spinal fusion or other surgery

Assaults cause these injuries in violent ways. A person may be slammed into a wall or the pavement, struck repeatedly, pushed down stairs, or shot or stabbed.

A spinal cord injury can cause loss of movement and feeling below the level of injury. It can also change bladder and bowel control. These effects are often permanent. Follow your treating doctors’ care plan, and tell them every symptom you have, even ones that seem minor.

Why does “catastrophic” matter in a claim? Permanent damage creates long-term costs, including lifelong care and lost earning capacity. That is very different from an injury that heals in weeks. You can learn more on our catastrophic back and neck injuries resource and our spinal cord injuries page.

The Evidence We Look For

Security is inadequate when an owner skips reasonable safety measures that could have prevented a foreseeable attack. We look for specific failures:

• Broken, propped-open, or missing gates and locks
• Dead or missing lighting in lots, stairwells, and hallways
• Broken, fake, or unmonitored security cameras
• No guards where the risk clearly called for them
• Unsecured entry points that let strangers in

We also look at what the owner knew:

• A pattern of past assaults, robberies, or shootings at or near the property
• Tenant, guest, or employee complaints that went unanswered
• Failure to follow the property’s own written security policies or a required security measure

To document these points, we move quickly. We gather police reports, 911 call records, prior-incident logs, camera footage, maintenance tickets, leases, and management records. We may also consult outside professionals, such as security consultants or accident reconstruction experts, to explain what reasonable care looked like for that type of property.

How Provable Is a Spine Injury?

Many people worry that back injuries are invisible and easy for insurers to dispute. That is a real concern with minor strains. Catastrophic spine injuries tend to leave objective evidence.

Serious spine injuries are typically documented through:

• Imaging: MRI and CT scans showing fractures, cord damage, or disc destruction
• Surgical records from procedures such as spinal fusion or decompression
• Treating-physician opinions about permanent damage
• Life-care plans that project the cost of future medical and personal care
• The ASIA classification, the International Standards for Neurological Classification of Spinal Cord Injury, which doctors use to grade how complete and severe an injury is

Expect the defense to argue that the crime “was not foreseeable,” that “security was adequate,” or that “the injury is not that serious.” We prepare for each argument from the start.

Don’t let a worry about partial fault stop you from calling. Under Fla. Stat. § 768.81, in a negligence action, an injured person’s own share of fault reduces the economic and noneconomic damages awarded in proportion to that fault but does not bar recovery on its own. However, a party found greater than 50 percent at fault for his or her own harm may not recover any damages. Under Fla. Stat. § 768.81(6), in a negligence action to which the section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. Fla. Stat. § 768.81 reads: “This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.” Whether that applies to you depends on the facts, and we will explain it honestly.

Acting early matters. Camera footage can be overwritten, and witnesses move or forget details. The sooner evidence is requested, the more of it can be preserved.

What Compensation May Be Available

Compensation depends on your injuries, your future needs, and the insurance that is available. Every case is different.

Damages may include:

• Medical costs: emergency care, surgery including spinal fusion, hospital stays, and rehabilitation
• Future and lifetime care: home modifications, wheelchairs and equipment, in-home care, and ongoing therapy
• Lost income and reduced earning capacity when the injury changes how you can work
• Pain, suffering, and loss of enjoyment of life

No lawyer can honestly promise a specific dollar amount, and no one can predict what your case will be worth. Be cautious of any page that quotes an “average” spine injury settlement. Value depends on how severe the permanent damage is, the cost of future care, lost earnings, and how much insurance is available. This page explains what the law may allow. It does not predict your result.

Money Questions Families Ask

Letters of protection. Some patients treat with a provider who agrees to be paid from a future settlement or verdict rather than billing insurance upfront. Florida calls this a letter of protection. We explain how this affects your claim before any decision is made.

Medicare and Medicaid. Under Fla. Stat. § 768.76, benefits received under Medicare, or any other federal program providing for a Federal Government lien on or right of reimbursement from the plaintiff’s recovery, as well as Medicaid, workers’ compensation benefits, and certain Department of Health medical services programs, are not considered collateral sources. Separately, a provider of collateral sources that has a right of subrogation or reimbursement, and that has complied with the statute, may seek reimbursement from a recovery. That reimbursement is limited to the actual amount of collateral sources the claimant recovered from the at-fault party, minus the provider’s pro rata share of costs and attorney’s fees. We address these liens directly as part of the case.

General damages in the complaint. Under Fla. Stat. § 768.042, in a circuit court action to recover damages for personal injury or wrongful death, the amount of general damages is not stated in the complaint. Special damages may be specifically pleaded.

When an Attack Is Fatal: A Family’s Path Forward

Some attacks do not leave survivors. If a loved one died from injuries suffered in a foreseeable attack on unsafe property, the family may have a wrongful-death claim against the property owner. Under Fla. Stat. § 768.20, a wrongful-death action is brought by the decedent’s personal representative, who recovers for the benefit of the decedent’s survivors and estate, and a defense that would reduce a survivor’s recovery may be asserted against that survivor, but shall not affect the recovery of any other survivor.

Nothing about a legal claim undoes this loss. But a wrongful-death claim can hold the owner accountable, and the decedent’s personal representative recovers for the benefit of the survivors and estate all damages specified in the wrongful-death act caused by the injury resulting in death. If you are here because of someone you lost, we will handle every conversation with care and at your family’s pace.

How Our Process Works

1. Free, confidential consultation. You tell us what happened. The consultation is free, confidential, and without obligation to continue.
2. Investigation. We request footage and records, pull crime and maintenance history, identify insurance, and consult outside professionals where needed.
3. Building the claim. We document your injuries, treatment, and future needs, often with a life-care plan.
4. Demand and negotiation with the property owner’s insurer.
5. Filing suit if a fair resolution is not reached.

Many cases resolve without a trial. We prepare every case as if it may go before a jury.

Timing matters. Catastrophic cases are rarely quick. A case built to withstand a defense challenge can take many months, sometimes well over a year. We keep you informed at each stage.

Deadlines apply. Florida sets filing deadlines by statute, and they vary by type of claim. See Fla. Stat. § 95.11 for the limitation periods that may apply to your situation. Contact us promptly so that a deadline does not pass while you are focused on recovery.

Fees. CHG charges no attorney’s fees and no case costs unless there is a recovery. You do not pay us out of pocket to start, and we will confirm the terms in writing during your consultation.

Why Families Work With CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based firm serving clients throughout Florida. Our practice focuses on catastrophic, life-altering injuries, including spinal cord injuries, paralysis, traumatic brain injuries, amputations, severe burns, and catastrophic back and neck injuries. We also handle negligent security cases of the kind described on this page.

• Igor Hernandez is the responsible attorney. He is admitted to The Florida Bar.
• Our team includes support staff who keep your case organized, and we communicate in English and Spanish.
• We handle the property owners and insurers so you can focus on your recovery.

Frequently Asked Questions

Talk to Us: Free, Confidential Consultation

Do you or someone you love have a serious back or neck injury after an attack? Find out where you stand at no cost and with no obligation to continue. Contacting us early helps preserve footage and records before they are lost.

Request your free case evaluation now. You can also read more on our catastrophic back and neck injuries resource.