$12M Settlement Underscores Need for Strong Security in Florida Multifamily Housing

$12 Million Settlement Highlights Importance of Negligent Security Prevention for Florida Multifamily Properties

The Haggard Law Firm - known for securing the largest negligent security verdict ever seen ($102.7 million) - has just obtained another significant outcome: a $12 million settlement in a negligent security case.

This tragic incident occurred in the parking lot of Waters Edge Apartments in Jacksonville, where a gunman chased the victim through the lot before fatally shooting him and stealing an item.

Key Points Used to Secure the Settlement

The plaintiff’s attorneys successfully argued the case using the following factors:

• Documented Criminal History: The property had a record of prior criminal activity, but no corrective measures were taken - establishing foreseeability and preventability.
• Inadequate Surveillance Coverage: The security camera system did not sufficiently cover the property, limiting deterrence and post-incident evidence.
• No Physical Access Controls: There were no gates, barriers, or entry controls to limit unauthorized access.
• Lack of Security Personnel: No guards were present at the time of the incident, despite the property’s history of crime.

Note: The incident occurred during daylight hours, so inadequate lighting could not be argued. However, had it taken place after dark, lighting deficiencies would almost certainly have been highlighted.

Florida’s Legal Tools for Property Owners

Florida provides property owners and operators with strong legal protections through HB 837 and Florida Statute 768.0706.

These laws allow property owners to obtain a presumption against liability if they implement certain crime-prevention measures.

Action Steps for Multifamily Operators

If you operate in the multi-family housing industry, now is the time to take action:

1. Familiarize Yourself with Florida Statute 768.0706
2. Implement the Statutory Measures to receive the presumption against liability.
3. Schedule a Professional Assessment to evaluate your property’s risk exposure and compliance.

The cost of compliance is minimal compared to a $12 million settlement or worse, losing the ability to obtain insurance coverage after a major claim.

‍