The Exception: Florida Ruling Shows Businesses Can Be Liable for On-Premises Attacks

Florida’s Fourth District Court of Appeal has reversed a summary judgment that had cleared a marine equipment and repair company in a negligence lawsuit. The ruling means the business can still be held liable for two attacks on its property that left a man with a broken neck, facial fractures and nerve damage. The trial judge had described what happened to him as morally “horrific.”

Why the ruling matters

Under Florida law, a property owner generally has no duty to protect a visitor from a criminal attack by a third party. The exception is when the attack was reasonably foreseeable. By reversing summary judgment, the appeals court allowed the injured man’s claim to move forward rather than ending the case before trial.

What it means if you were hurt on someone else’s property

If you were assaulted at a business, apartment complex, parking lot or other property, the owner may share responsibility when warning signs such as prior incidents, known threats or poor security made the attack foreseeable. These negligent security claims depend on the specific facts, so it is important to preserve evidence and talk to a lawyer early.

Stone & Capobianco handles premises liability and negligent security cases across the Treasure Coast. Call (772) 781-4357 to discuss your case.

Source: reporting by Raychel Lean, Law.com.