Negligent Security

53 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Wal-Mart Stores, Inc. v. Coker
  714 So. 2d 423· Fla.· 1998-05-14 ·cited 36×
  Florida Supreme Court held that a negligent security action is not an action based on an intentional tort under section 768.81(4)(b), and the trial court properly excluded the criminal non-party tortfeasor from the verdict form.
• Miami-Dade Cnty. v. Pozos
  242 So. 3d 1152· Fla. 3d DCA· 2017-02-15 ·cited 29×
  Miami-Dade County appealed a trial court's denial of its motion for summary judgment in a negligent security lawsuit, asserting sovereign immunity. The Florida District Court of Appeal, Third District held that it lacked jurisdiction to review the denial because the trial court's
• Shandalyn Sanders v. ERP Operating Ltd. P'ship
  157 So. 3d 273· Fla.· 2015-02-12 ·cited 19×
  The Florida Supreme Court reversed a Fourth District decision that granted a directed verdict to an apartment complex owner in a wrongful death negligence case. The Court held that the plaintiff presented sufficient evidence of proximate causation regarding deaths caused by unkno
• Nicholson v. Stonybrook Apts., LLC
  154 So. 3d 490· Fla. 4th DCA· 2015-01-07 ·cited 14×
  Denise Nicholson appealed a jury verdict in favor of Stonybrook Apartments after she was shot by a third party at the complex's common area. The Fourth District affirmed, holding that negligent security claims fall under premises liability rather than ordinary negligence, and thu
• Adeon Brownlee v. 22nd Ave. Apts., LLC
  389 So. 3d 695· Fla. 3d DCA· 2024-04-10 ·cited 10×
  Adeon Brownlee, a non-resident shot by an unknown assailant at an apartment complex, appealed summary judgment in his premises liability action against the property owner and manager. The court affirmed, holding that defendants owed no duty to protect against the unforeseeable, t
• 50 State Sec. Serv., Inc. v. Lili Carissa Giangrandi
  132 So. 3d 1128· Fla. 3d DCA· 2013-11-27 ·cited 10×
  The estate of a murder victim brought a wrongful death action against a security company that failed to maintain adequate patrols in a gated community. The court affirmed denial of the security company's motion for new trial, holding that competent substantial evidence, including
• Budoff v. Holiday Inns
  732 F.2d 1523· 6th Cir.· 1984-05-02 ·cited 10×
  The court held that a purposeful conversation between an employee of plaintiffs' counsel and a relative of a juror, even if innocent, warrants a new trial due to the appearance of impropriety and the closeness of the factual issues.
• Onondieu Demelus v. King Motor Co. of Fort Lauderdale
  24 So. 3d 759· Fla. 4th DCA· 2009-12-30 ·cited 9×
  Onondieu Demelus appeals summary judgment granted to King Motor Company after a vehicle stolen from King Motor's premises was involved in an accident injuring Demelus. The court held that the manner of theft—breaking into a locked showroom, stealing keys from a locked office, and
• Sanchez v. Miami-Dade Cnty.
  286 So. 3d 191· Fla.· 2019-12-19 ·cited 8×
  The petition for review is dismissed because the conflict issue regarding duty and sovereign immunity has been resolved by prior Supreme Court precedent clarifying that these are conceptually distinct inquiries, and because Sanchez presented a new theory of liability not argued i
• Competitive Softball Promotions, Inc. v. Ayub
  245 So. 3d 893· Fla. 3d DCA· 2018-04-18 ·cited 7×
  A defendant in a premises liability case owes no duty to provide security against third-party misconduct in areas it does not control, even if the defendant used those areas in a limited capacity. The duty to protect invitees from third-party injuries is tied to the defendant's r
• Florayme Garcia v. Henri Konckier
  771 So. 2d 550· Fla. 3d DCA· 2000-08-09 ·cited 6×
  The personal representative of a decedent killed in a bar parking lot shooting appeals a negligent security judgment against the bar and property owner. The appellate court reverses and remands for a new trial, finding that the trial court committed reversible error by allowing e
• Sanchez v. Miami-Dade Cnty.
  245 So. 3d 933· Fla. 3d DCA· 2018-04-25 ·cited 4×
  Christopher Sanchez sued Miami-Dade County for negligent security after being shot at a private birthday party in a county park, claiming the county failed to provide off-duty police officers as required by park regulations. The Florida District Court of Appeal, Third District, a
• ST. Joseph's Hosp., Inc. v. DOE
  208 So. 3d 1200· Fla. 2d DCA· 2017-01-13 ·cited 4×
  The court held that a claim alleging a sexual assault by a hospital employee, when pleaded under statutes requiring risk management programs for adverse incidents, is a claim for medical negligence requiring presuit notice. However, a claim for negligent supervision and security
• Hilton Hotels Corp. v. Anderson
  153 So. 3d 412· Fla. 5th DCA· 2014-12-19 ·cited 4×
  In this personal injury negligent security case, the plaintiff Troy Anderson recovered a jury verdict of over $1.7 million against hotel defendants and a security company. On appeal, the court affirmed the judgment and rejected Anderson's claim for attorney's fees under Florida's
• In re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation
  30 So. 3d 477· Fla.· 2009-10-15 ·cited 4×
  The Florida Supreme Court adopted amendments to civil and family law procedural forms and rules in response to comments received on proposed amendments to manage complex litigation cases. The Court modified the Civil Cover Sheet (Form 1.997), Final Disposition Form (Form 1.998),
• Am. Express Travel Related Servs. v. Symbiont Software Grp., Inc.
  837 So. 2d 434· Fla. 3d DCA· 2002-10-09 ·cited 4×
  American Express appealed the dismissal of its negligent hiring, retention, and security claims against Symbiont Software Group and its president based on the economic loss rule. The court reversed, holding that American Express's tort claims were independent of any contractual r
• The Dist. Bd. of Trs. of Miami Dade Cmty. Coll. v. M.H.
  578 So. 2d 8· Fla. 3d DCA· 1991-03-19 ·cited 4×
  Miami Dade Community College appealed a $325,000 negligence judgment for inadequate campus security after a rape occurred on its premises. The appellate court affirmed, holding that while governmental entities have discretionary immunity regarding whether to operate a facility, o
• Keith R.E. Johnson & Krej Leasing, Inc. v. Akeefe Garrett
  386 So. 3d 1023· Fla. 6th DCA· 2024-04-04 ·cited 3×
  Property owner Johnson and his corporate managing entity KREJ appealed a jury verdict awarding damages to Garrett for negligent security after Garrett was shot at a strip club on their leased premises. The court reversed, holding that Johnson and KREJ lacked sufficient control ov
• Sch. Bd. of Broward Cnty. v. McCall
  322 So. 3d 655· Fla. 4th DCA· 2021-05-19 ·cited 3×
  The School Board of Broward County appealed a trial court's denial of its motion for summary judgment based on sovereign immunity in a negligence case arising from injuries sustained at a high school basketball game. The central issue was whether the School Board's decisions rega
• Kinsale Ins. Co. v. Pride of St. Lucie Lodge 1189, Inc.
  135 F.4th 961· 11th Cir.· 2025-04-18 ·cited 2×
  Kinsale Insurance Company insured a nightclub where a shooting occurred following a fight between patrons; the victim was awarded $3.348 million in damages, far exceeding Kinsale's $50,000 assault and battery sublimit. The Eleventh Circuit reversed summary judgment on the lodge's
• Bing v. Alachua Cnty.
  392 So. 3d 266· Fla. 1st DCA· 2024-08-07 ·cited 2×
  A property owner owes no duty to protect individuals not on its premises from criminal acts committed by third parties, even if the criminal was on the owner's property when the act occurred, absent a special relationship between the owner and either the victim or the perpetrator
• Graham v. Virgil
  324 So. 3d 12· Fla. 4th DCA· 2021-09-01 ·cited 2×
  A trial court abuses its discretion by denying a motion to transfer venue based on forum non conveniens when the incident occurred in the proposed venue, all parties and witnesses are located there, and the statutory factors favor transfer.
• Yolie N. Bauduy v. Adventist Health System/Sunbelt, Inc.
  288 So. 3d 87· Fla. 5th DCA· 2019-11-14 ·cited 2×
  This case addresses whether Florida's Amendment 7, which grants patients a constitutional right to access adverse medical incident reports, implicitly grants them the right to use those reports as trial evidence. The court held that Amendment 7 provides only a right to access suc
• Hall v. West
  157 So. 3d 329· Fla. 2d DCA· 2015-01-07 ·cited 2×
  Andrew Hall sued Shephard's Beach Resort for negligent security after being struck by an intoxicated patron two hours and thirteen miles away from the resort. The trial court granted summary judgment for Shephard's, finding no duty of care owed to Hall, and the appellate court af
• Hennis v. City Tropics Bistro, Inc.
  1 So. 3d 1152· Fla. 5th DCA· 2009-01-23 ·cited 2×
  Randall Hennis sued City Tropics Bistro for negligent security after being injured in a parking lot altercation. The trial court allowed the jury to apportion fault among Hennis, his opponent Brad Betten, and City Tropics under Florida's comparative fault statute. Hennis appeals,
• Miami Dolphins, Ltd. v. Engwiller
  410 So. 3d 685· Fla. 3d DCA· 2025-04-09 ·cited 1×
  A non-signatory to an arbitration agreement may be bound through agency principles when a parent presents a ticket on behalf of a child for stadium entry, and the hyperlinked arbitration terms were sufficiently conspicuous to bind the ticket-accepting parent.
• Pride OF ST. Lucie Lodge 1189, Inc. v. Teaira Nicole Reed
  306 So. 3d 115· Fla. 4th DCA· 2020-11-04 ·cited 1×
  The section 768.075(4) defense applies only to injuries sustained while the plaintiff is actively engaged in the commission or attempted commission of a felony; a prior felony committed on the property does not shield a property owner from negligence liability if the injury occur
• Cascante v. 50 State Sec. Serv., Inc.
  Fla. 3d DCA· 2019-12-26 ·cited 1×
  Appellants sued a security company for injuries sustained in a parking garage attack, alleging negligent security. The court affirmed summary judgment for the security company, holding that the company did not assume the duty to protect patrons because the contract with the Count
• Asset Recovery Grp. v. Wright
  271 So. 3d 1088· Fla. 3d DCA· 2019-02-13 ·cited 1×
  The court addresses whether a court-appointed receiver in a foreclosure action can be sued in a premises liability action filed in a separate case without first obtaining leave from the appointing court. The court grants the receiver's petition for writ of prohibition, finding th
• Jerrett Williams Graham v. Orlando Lodge NO. 1079
  Fla. 6th DCA· 2026-04-24
  Summary judgment was properly granted because the appellant failed to establish a genuine dispute of material fact regarding the negligence elements: duty, breach, proximate causation, and damages. Business owners cannot be held vicariously liable for criminal acts that are not r
• L.M. v. Carnival Corp.
  S.D. Fla.· 2025-12-08
  The court held that disclosing a crewmember's statement to the FBI during a criminal investigation does not waive work-product privilege, and a plaintiff cannot record a compulsory medical examination.
• Trisura Specialty Ins. Co. v. S. Fla. Lodging, LLC
  S.D. Fla.· 2025-03-26
  The court recommended denying the motion for judgment on the pleadings because affirmative defenses raised by the defendants precluded a determination of the merits at this stage.
• Huskey v. CFJ Props.
  S.D. Fla.· 2025-03-04
  The court held that surveillance video footage depicting the incident must be produced to the plaintiff before her deposition, despite the defendant's arguments about tailoring testimony.
• Saunders v. Breit MF Preserve at Lakeland, LLC
  M.D. Fla.· 2025-01-31
  The court denied the plaintiff's motion to seal all case documents because it failed to meet procedural requirements and demonstrate good cause.
• DOE (a.c.) v. Carnival Corp.
  S.D. Fla.· 2024-11-08
  The court held that negligence claims premised on independent conduct are permissible alongside strict liability claims for intentional torts, but claims that merely recast the intentional tort as negligence are not. Punitive damages are not available absent a showing of the defe
• Lopez v. City of Opa-Locka
  S.D. Fla.· 2024-09-17
  Yolanda Lopez sued the City of Opa-Locka and private security officers for unlawfully arresting her and using excessive force against her while she distributed flyers outside a flea market in October 2022. The District Court granted the defendants' motion to dismiss in part, dism
• Rioux v. Carnival Corp.
  S.D. Fla.· 2023-11-21
  The court held that affirmative defenses are not subject to the heightened pleading standards of Twombly/Iqbal, and that the 'fair notice' standard applies. Certain defenses were stricken for legal insufficiency or statutory bar, while others were allowed to proceed.
• Svistina v. Elbadramany
  S.D. Fla.· 2023-01-10
  The court granted in part and denied in part motions to strike affirmative defenses, striking defenses that were mere denials, lacked subject matter jurisdiction, or were duplicative, while allowing defenses that raised mixed questions of law and fact or had sufficient factual su
• Svistina v. Elbadramany
  S.D. Fla.· 2022-10-05
  The court held that the plaintiff's objection to the magistrate judge's discovery order was premature because she failed to adequately demonstrate the relevance of the requested user identifying information and the burden of production on the non-party.
• Svistina v. Elbadramany
  S.D. Fla.· 2022-09-21
  The court granted leave to amend to add claims against new defendants but denied leave to add a spoliation claim against the original defendant, finding it futile.
• Beasley v. Wells Fargo Bank, NA
  M.D. Fla.· 2022-01-28
  The court held that the plaintiff's negligence claim was barred by statute because he was a convicted felon in possession of a firearm at the time of his injury, and even if not barred, the defendants were entitled to summary judgment on premises liability due to the plaintiff's
• Doe (K.U.) v. Royal Caribbean Cruises Ltd.
  S.D. Fla.· 2020-09-01
  The court held that the amended complaint contained sufficient factual allegations to state a claim for negligence under maritime law, making dismissal inappropriate.
• Entourage Custom Jets, LLC v. Air One MRO, LLC
  S.D. Fla.· 2020-05-08
  The court held that genuine issues of material fact preclude summary judgment on claims involving contract interpretation, delegation of security duties, caveat lessee, and insurance coverage.
• Hammer v. Lee Mem'l Health Sys.
  M.D. Fla.· 2020-03-02
  The court granted summary judgment for the defendant hospital on all claims and granted the defendant nurse's motion to stay the civil case pending resolution of criminal charges.
• The Waves of Hialeah, Inc. v. MacHado
  Fla. 3d DCA· 2020-02-19
  A trial court may not reduce a supersedeas bond under Florida Statute § 45.045(2) when the appellant has an insurance or indemnification policy applicable to the case. The Waves' $1 million insurance policy therefore precluded reduction of the bond required for a stay pending app
• Entourage Custom Jets, LLC v. Air One MRO, LLC
  S.D. Fla.· 2019-10-30
  A party's agreement in a joint conference report to a jury trial, coupled with significant delay in objecting, supersedes a prior contractual jury waiver, and such consent cannot be unilaterally revoked based on mistake.
• Hudson Specialty Ins. Co. v. Magio's Inc.
  118 La. 53· S.D. Fla.· 2018-09-21
  The court held that the insurer has a duty to defend its insureds because the efficient proximate cause doctrine applies, as the insureds' alleged negligence in failing to prevent the drugging of the victim set in motion the subsequent sexual assault.
• L.B. v. The Naked Truth III, Inc.
  117 So. 3d 1114· Fla. 3d DCA· 2012-02-08
  L.B. appealed a jury verdict in favor of her employer, an adult retail store, on her negligent security claim arising from a rape committed during her overnight shift. The appellate court reversed and remanded for a new trial, finding that the defendant's security expert improper
• Rouse-Miami, LLC. v. Bentley's Luggage Corp.
  948 So. 2d 928· Fla. 3d DCA· 2007-02-14
  Bentley's was not contractually obligated to indemnify Bayside for its employee's injuries, but did breach its contract by failing to secure non-deductible insurance for Bayside.
• Wilkinson v. Food Serv. Mgmt. Sys. OF Fla., Inc.
  639 So. 2d 1125· Fla. 3d DCA· 1994-07-26