On September 20, 2024, a typical night at the Tropical Manor Apartments in Merritt Island, Florida, turned tragic when a 36-year-old woman lost her life in a shooting. Tasha Smith was believed to be an innocent bystander caught in the crossfire of a dispute that erupted in the complex's parking lot around 12:30 a.m.
The Brevard County Sheriff's Office responded to reports of a "large disturbance," only to find that what began as an altercation between two men had escalated into gunfire, claiming Smith's life. The loss of an innocent life serves as a stark reminder of the importance of proper security protocols in apartment complexes and the need to ensure adequate protection for their residents and visitors.
Can Apartment Complexes Be Held Liable for Shootings?
In the wake of a violent crime at an apartment complex, victims and families often wonder about the legal implications for the property owners. What can be done in the aftermath of a shooting to get justice for an injured person or for a family that lost their loved one?
The answer may lie in a legal theory known as negligent security, which is a type of premises liability law. Under premises liability law, apartment complexes have a duty to provide reasonable security measures to protect their residents and visitors from foreseeable harm. This could include criminal acts by third parties, especially in cases where violent crime was foreseeable.
How Does Foreseeability Impact Negligent Security Cases?
Foreseeability plays a crucial role in negligent security cases. It refers to whether the property owner could have reasonably anticipated the criminal activity that led to the injury or death. To establish foreseeability, several factors may be considered:
- Prior criminal activity in the area or on the property
- Police reports and calls for service
- Property characteristics that may make criminal activity more likely
- Industry standards for security measures
- Previous warnings or complaints from residents or visitors
Ultimately, if the criminal act that resulted in injury or death was clearly foreseeable, it’s easier to argue that the property owner's failure to provide adequate security was negligent.
What Makes a Property Owner Negligent in Terms of Security?
Negligent security in apartment settings can take many forms. Some red flags include:
- Dim or broken lighting in common areas
- Malfunctioning entry systems or locks
- Absence of security patrols or personnel
- Lack of surveillance cameras
- Failure to address known safety issues
When property owners neglect these aspects of security, they may be held accountable for incidents that occur as a result.
What Do You Need to Prove in a Negligent Security Case?
To establish a successful negligent security claim against an apartment complex, the following elements typically need to be proven:
- The property owner owed a duty of care to the victim
- This duty was breached by failing to provide adequate security in the face of foreseeable violent crime
- The breach directly led to the victim's injuries or death
- The victim or their family suffered damages as a result
Proving these elements often requires a thorough investigation and expert testimony to demonstrate that the property owner's negligence contributed to the incident.
What Damages Can Be Recovered in a Negligent Security Case?
Victims of violent crimes or their families may be entitled to various forms of compensation in a negligent security case. These damages can include:
💉 Medical expenses (past and future)
💼 Income loss and reduced earning capacity
😔 Physical and emotional suffering
🧠 Psychological trauma
🕯️ Funeral expenses (in cases of fatality)
👨👩👧👦 Loss of family support and companionship
The specific damages available will depend on the circumstances of each case and the extent of the injuries or losses suffered.
Contact a Negligent Security Lawyer for a Free Consultation
If you or a loved one has fallen victim to a violent crime at an apartment complex or any other commercial property in Florida, it's crucial to understand your legal options. At Spetsas Buist Accident Injury Lawyers, we handle negligent security cases in multiple states, and we are committed to helping victims and their families seek justice and fair compensation.
Don't navigate this difficult time alone. Reach out to our office at 321-LAWSUIT for a no-cost consultation with an experienced negligent security attorney. Let our team support you and fight for your rights during this challenging period.
