Hurt Because Someone Attacked You on Their Property? You May Have Options.

Burn Injury from Assault on Property: What Florida Law Says

If you were attacked on someone else’s property and burned, you may have a claim against the property owner. Many families ask this question in the hospital. Others ask it after a police report is filed.

The main question is often this: Did the owner take reasonable steps to keep people safe? Examples include working locks, gates, lighting, cameras, or guards. Florida law sets the rules. The facts of each case matter.

This page explains what a claim may involve. It shows how Florida law treats these cases. It also lists what to keep track of for the person who was hurt and the family who supports them.

CHG Personal Injury Lawyers is a Florida-based firm. We handle personal injury cases of every severity.

Can you make a claim against the property owner after an attack?

Sometimes. A claim may be possible. This can apply when the attack happened because the owner did not take reasonable steps to protect people. Those people must have lawfully come onto the property.

Consider a common situation. A resident comes home through a side gate. The gate has been broken for months. The lights in the parking garage have been out for weeks. A stranger follows her inside and attacks her. She is badly burned.

Her family asks a key question. Did the owner know about these problems and fail to fix them? What the owner did about it is often at the center of the case.

Attacks like this can happen in many places, including:

• Apartment complexes and their parking lots
• Parking lots and garages
• Hotels and motels
• Bars and nightclubs
• Gas stations and convenience stores
• Stores and shopping centers
• ATM locations

People in Florida communities such as Miami, Orlando, Tampa, and Jacksonville visit these places every day. Whether a property owner acted reasonably is often a central question in these cases.

What does “negligent security” mean?

Lawyers have a name for these claims: negligent security. “Negligent” means the owner failed to take reasonable care. “Security” means protection against crime. Examples include locks, lighting, cameras, and guards.

You can learn more on our negligent security page.

The legal name matters less than the facts. What counts is what the owner did. It also matters what a reasonable owner would have done. Then we ask how that gap connected to the injury. Our lawyers look at those questions first.

How does Florida law treat security measures?

Florida law gives owners or principal operators of multifamily residential properties a presumption against liability for certain criminal acts by third parties who are not employees or agents, if the property substantially implements the listed security measures. A presumption is a starting point that favors the owner. It applies when the owner has taken specific steps. The statutes below describe those steps.

Attacks by third parties on commercial property. Fla. Stat. § 768.0701 applies to a claim against the owner, lessor, operator, or manager of commercial or real property. The injured person must have been lawfully on the property. The injury must have come from the criminal act of a third party.

Under the statute, the trier of fact “must consider the fault of all persons who contributed to the injury.” The trier of fact is the jury, or the judge if there is no jury.

In plain terms, 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 everyone who contributed to the injury, not only the attacker.

Apartment buildings. Fla. Stat. § 768.0706 covers residential property with at least five dwelling units on one parcel. A dwelling unit is one home or apartment.

The owner or principal operator may have a presumption against liability. This applies if it substantially implements the security measures listed in the statute, which include the ones below, and the attacker was not an employee or agent of the owner or operator:

• A security camera system at points of entry and exit that records and keeps footage retrievable for at least 30 days
• A parking lot lit to an average of at least 1.8 foot-candles per square foot at 18 inches above the surface, from dusk until dawn, or controlled by a photocell or similar device
• Lighting in walkways, laundry rooms, common areas, and porches, illuminated from dusk until dawn or controlled by a photocell or similar electronic device
• A peephole or door viewer on each dwelling unit door that does not have a window next to the door

The statute also calls for a crime prevention through environmental design (CPTED) assessment of the property. CPTED is a method. It uses design, such as lighting and sight lines, to discourage crime. The assessment must be no more than 3 years old. It must be completed by January 1, 2025.

After January 1, 2025, that training must be given within 60 days after an employee’s hire date.

These items form a practical checklist. Did the building record footage at its entrances? Was the parking lot lit at night? Had anyone assessed the property’s design for safety? The answers can shape the case.

Convenience businesses. Fla. Stat. § 768.0705 gives the owner or operator of a convenience business that substantially implements the applicable security measures a presumption against liability in connection with criminal acts that occur on the premises and are committed by third parties who are not employees or agents of the owner or operator. It applies when the owner substantially implements the security measures listed in the statute’s referenced sections. This can apply to gas stations and small stores.

A presumption is not automatic. The owner must have actually put these measures in place. Your claim may depend on three things:

• What the property had
• What it lacked
• What the owner knew

How is fault shared in these cases?

Florida uses comparative fault (Fla. Stat. § 768.81(6)). This means each person’s share of fault affects the money recovered.

Under Florida’s comparative fault law, in a negligence action to which the statute applies, a person found more than 50 percent at fault for their own harm may not recover any damages; this bar does not apply to personal injury or wrongful death actions arising out of medical negligence under chapter 766. Under Fla. Stat. § 768.81(2), contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery, subject to subsection (6). It is not barred.

The same law covers other people the defense may point to.

Two other rules can change the analysis:

• The comparative fault law does not apply to an action based upon an intentional tort (Fla. Stat. § 768.81(6)). An intentional tort is a wrong done on purpose. So how a claim is framed matters.
• Florida’s alcohol or drug defense bars recovery only if the injured person was under the influence to the extent that normal faculties were impaired, or had a blood or breath alcohol level of 0.08 percent or higher, and as a result was more than 50 percent at fault. It applies where the injured person was under the influence to the extent that normal faculties were impaired, or had a blood or breath alcohol level of 0.08 percent or higher, and as a result was more than 50 percent at fault. This rule is narrow. That is one reason early case review helps.

What is the deadline to file?

Florida generally gives two years to file most personal injury lawsuits. The Florida statute of limitations sets the time limits for filing.

Other deadlines can apply. They depend on the type of claim and the defendant. Deadlines apply, so contact our lawyers early.

What should families keep track of after a burn injury?

Burn injuries often need many visits, follow-up care, and time to recover. Follow your doctors’ care plan. Your doctors make medical decisions. This page does not replace their advice.

Families often share this record-keeping work. Keep these items in one place:

• Bills, receipts, and insurance statements
• Records of every treatment and follow-up visit
• Photos of the property, including lighting, locks, and gates
• Police reports and the names of witnesses, if available
• Notes about lost work and daily tasks the injured person cannot do

Florida law also limits how medical bills can be proven. For treatment that has already been paid, the Florida medical expense evidence law limits evidence to the amount actually paid. This applies regardless of the source of payment.

The same law requires a claimant to disclose a copy of the letter of protection before claiming medical expenses for treatment received under that letter. A letter of protection is an arrangement. A provider treats you in exchange for a promise of payment for your medical expenses from any settlement or judgment of a personal injury or wrongful death action.

Common mistakes that can weaken a claim

Waiting too long to write down what happened can make details fade. Failing to photograph broken locks, dark lots, or missing cameras can make the property’s condition harder to show. Not reporting the attack to police can leave gaps in the record.

Another common mistake is assuming the case is over. This can happen when the attacker is arrested or convicted. A criminal case and a civil injury claim are separate. They have different goals and rules.

Frequently asked questions

Igor Hernandez is the lawyer responsible for this page. CHG Personal Injury Lawyers is a Florida-based personal injury firm.