Burned in an Attack on Someone Else's Property? You May Have Options.

Burn Injury From an Assault on Someone Else’s Property: Your Rights After an Attack

If someone attacked you and left you with serious burns on someone else’s property, Florida law addresses how fault is weighed. 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 (Fla. Stat. § 768.0701). But the owner of the apartment complex, parking garage, hotel, or store may also share legal blame. This is true if unsafe conditions helped the attack happen.

This page is for people who were attacked and badly burned somewhere that should have been safer. It is also for families who lost a loved one this way. We explain your rights in plain language. We only use legal terms after we describe what happened to you.

First, the thing no one else says clearly

You are not to blame for being attacked. Survivors often replay the moment and ask what they could have done differently. You parked where you always park. You walked to your own front door. You stopped for gas. But a criminal chose to hurt you. Nothing you did invited that. Shame is a normal reaction to trauma, not a sign you did anything wrong.

This matters legally, too. Florida uses a shared-fault rule (more on that below). Insurance companies sometimes try to blame the victim to pay less. So understand this from the start: the fault sits with the attacker. It may also sit with a property owner who failed to protect you. Knowing this helps you push back.

Quick summary: what you need to know

• A severe burn from an assault is a catastrophic, permanent, life-altering injury — not a minor wound.
• When a person lawfully on commercial or real property is injured by a third party’s criminal act and brings an action for damages against the owner, lessor, operator, or manager, Florida law says the trier of fact must consider the fault of all persons who contributed to the injury (Fla. Stat. § 768.0701).
• The property owner may be responsible if poor security helped the attack happen. Think broken locks or gates, dark walkways, missing or dead cameras, or no guards where the risk called for them.
• Your civil claim can move forward even if the attacker is never caught.
• In Florida, strict deadlines apply to injury claims, and for many claims the deadline to file is as short as two years.
• When a death is caused by someone else’s negligence, Florida law may allow a wrongful-death claim on behalf of the surviving family.
• Our case evaluations are free and available in English and Spanish.

What happened to you: burned during an assault on someone else’s property

You went somewhere ordinary. An apartment complex. A parking lot. A hotel hallway. A gas station at night. Then someone attacked you. Maybe they threw a flammable liquid on you. Maybe they burned you with a chemical or set a fire. You were left with serious, painful burns that may never fully heal.

These attacks happen in places that feel routine but are poorly protected:

• Apartment complexes and their parking areas
• Parking lots and parking garages
• Hotels and motels
• Bars and nightclubs
• Gas stations and convenience stores
• ATMs and store entrances

This page covers serious, permanent burns. For a full overview of burn types and treatment, see our severe burn injuries resource.

Two people may be responsible for a burn injury from assault on property

The attacker is responsible for the crime. But attackers are often never caught. Even when they are, most cannot pay for a lifetime of medical bills. So blaming only the attacker often leaves survivors with nothing.

That is why the property owner matters. Say the owner of the place where you were attacked failed to keep it reasonably safe. Then they may share the blame. The legal name for this is negligent security. It is a type of premises liability claim. In plain terms, it means the owner didn’t provide the reasonable protection people expected.

Your civil injury claim is separate from any criminal case. The criminal case punishes the attacker. Your civil claim seeks money to help you recover and rebuild. One does not replace the other.

When is a property owner legally responsible for an assault?

Whether a property owner may be responsible depends on the facts of each situation. That means reasonable security could have prevented it. The law doesn’t expect owners to stop every crime.

Foreseeability: was there warning?

The biggest factor is often foreseeability. Say crime happened before on or near the property. A pattern of assaults, robberies, or violence in the same parking lot or building puts the owner on alert. Ignoring that danger can make them responsible.

In 2023, Florida changed its negligent-security law. Under Fla. Stat. §768.0706, owners of multi-family homes (like apartment complexes) can get a presumption against liability. This applies if they meet a set checklist of security measures. The checklist includes certain lighting, locks, and camera requirements. A presumption against liability means the owner is assumed not at fault unless proven otherwise. This makes evidence of the security that actually existed — and what was missing — more important than ever.

Reasonable security the owner should have provided

Basic measures that lower the risk of violent crime include:

• Working locks, gates, and secure entry points
• Adequate lighting in walkways, lots, and stairwells
• Functioning security cameras
• Security guards or patrols where the risk calls for it

When an owner skips these steps and someone is attacked and burned, the missing security may be part of the cause.

How negligent-security claims are proven

The details of what happened on the property matter. In general, a negligent-security claim must show all four of these elements. Being hurt on the property is not enough on its own.

1. Duty — The owner or manager owed you a duty to use reasonable care to keep the property reasonably safe, because you were lawfully there.
2. Breach — The owner failed to provide reasonable security, such as working locks and gates, lighting, cameras, or guards, given the risks they knew or should have known about.
3. Causation — That failure helped cause the attack and your injuries. In plain terms, reasonable security likely would have prevented or deterred the attack.
4. Harm — You suffered real injuries as a result.

Records of prior crime often make the difference. So do police call histories for the address, maintenance logs, and camera footage. That is why acting before that evidence disappears matters.

Why a burn from an assault is treated as a catastrophic injury

Severe burns cause deep, permanent damage to skin, nerves, muscle, and sometimes bone. Burn severity is often described by degree, as Mayo Clinic explains:

• Second-degree burns damage deeper skin layers and can blister and scar.
• Third-degree burns destroy the full thickness of the skin. They often need surgery and skin grafts.
• Fourth-degree burns reach into muscle and bone and can lead to amputation.

Assaults can involve several types of burns. Chemical burns from acids or caustic substances keep damaging tissue until fully removed. Attacks with an accelerant like gasoline can cause fast, widespread burns. When fire or smoke is involved, victims may suffer an inhalation or airway injury. Electrical burns can cause hidden internal damage.

According to the American Burn Association, severe burns often require care at a specialized burn center. They can involve repeated surgeries, skin grafts, and long-term rehabilitation. Burns to the face, hands, and other visible areas frequently mean permanent scarring and disfigurement. Beyond the physical toll, survivors face nerve damage, repeated procedures, and deep emotional trauma. These are exactly the life-altering harms this firm focuses on.

When a burn injury is fatal: the family’s rights

Some burn injuries prove fatal despite the best care. This is especially true with airway or inhalation involvement, or with infection. A death is the most catastrophic outcome there is. This section is written for the family left behind.

Say your loved one died from burn injuries after an attack. Then Florida’s Wrongful Death Act may allow the family to bring a claim. This claim would be against a property owner whose poor security helped make the attack possible. It can seek compensation for medical and funeral expenses, lost support and services, and the family’s loss of companionship. We handle these cases with care, centered on your family and what you can do next. Learn more about wrongful-death claims.

Compensation that may be available

There is no set or guaranteed amount. Value depends on the specific facts. Damages often include:

• Medical care, including future surgeries, skin grafts, and reconstruction
• Lost income and reduced ability to earn in the future
• Pain and suffering, including physical pain and emotional distress
• Disfigurement and scarring, especially in visible areas

Recovery often comes from the property owner’s insurance. Apartment complexes, hotels, and businesses usually carry commercial liability coverage. We identify every possible source of recovery. That way you aren’t left carrying costs a negligent owner should bear.

Common defenses — and how they’re addressed

• “The attack wasn’t foreseeable.” We answer with records of prior crime on or near the property and police call histories.
• “Only the attacker is to blame.” Florida law can still hold an owner partly responsible for failing to provide reasonable security.
• “Our security was adequate.” We test that claim with incident reports, maintenance records, and witness statements.

Florida follows a modified comparative-fault rule. Comparative fault means blame can be shared between parties (Fla. Stat. § 768.81(6)). A person found more than 50% at fault generally recovers nothing. That is one reason strong evidence matters so much. So does rejecting attempts to blame the victim.

What to do after an assault that left you with severe burns

1. Get medical care and keep going to follow-up visits. Your records document the severity of your burns.
2. Report the crime. Keep a copy of the police report or any incident report the property made.
3. Note the security conditions. Was it dark? Were gates broken? Were cameras missing or off? Write down what you remember.
4. Gather witness contacts if you safely can.
5. Watch the clock. Time limits apply, and camera footage can be overwritten in days. Contact a lawyer early.

We help catastrophic burn survivors in Miami, Orlando, Tampa, Jacksonville, and communities across Florida. We represent clients throughout Florida. We serve clients in English and Spanish. Your case evaluation is free.

Frequently asked questions

Talk with a burn injury lawyer about your rights

Say you or someone you love suffered a burn injury from an assault on property that should have been safer. You don’t have to face this alone. You didn’t cause the attack. You shouldn’t carry the cost of someone else’s failure to keep you safe.

Our team will listen. We will explain your options in plain language. We will help you understand who may be responsible. We can’t promise a specific outcome — no honest lawyer can. But we can give you clear, straightforward answers.

Contact us for a free case evaluation. To learn more, visit our severe burn injuries resource or our overview of negligent security claims.