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New Florida Laws May Affect Negligent Security Cases

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Posted on September 28, 2023

How Florida’s New Negligent Security Law May Affect Plaintiff’s Cases

In a seismic shift that is reshaping the legal landscape of Florida, Governor Ron DeSantis has given his seal of approval to House Bill 837. This new legislation, known as the “tort reform” bill, carries a wide array of changes to the state’s tort law, including a significant overhaul of the negligent security claims arena. As a Tampa-based personal injury law firm we closely scrutinized these modifications, and it has become evident that while these changes present hurdles for the general public, they by no means extinguish the potential for victims to bring their lawsuits forward. However, it is undeniable that these new laws introduce complexities that raise the bar for pursuing justice, indicating a marked shift in the balance of power between victims of crime and those who allow crime to take place under their watch.

A New Legal Landscape: House Bill 837 and Its Ramifications

The signing of House Bill 837 marks a pivotal moment in the evolution of Florida’s legal framework. With its immediate implementation upon signing, the bill not only redefines the contours of tort law but also carries profound implications for cases involving negligent security. This sweeping legislative transformation has garnered both praise and concern, particularly from attorneys who represent victims of crime and witness firsthand the impact negligent security has on everyday citizens.

Infographic about how the new laws in House Bill 837 impact negligent security cases.

Presumption Against Liability: A Paradigm Shift for Multi-Family Housing Complexes

Among the most striking changes ushered in by the new law is the provision that affects owners of multi-family housing complexes. The legislation establishes a presumption against liability for these proprietors, subject to certain conditions. While the purported intention behind this provision is to incentivize property owners to enhance security measures, it raises additional barriers for plaintiffs seeking justice. At its heart, this law ironically grants protection to corporations after they failed to protect victims. Multi-family housing complexes that satisfy specific criteria can avail themselves of this presumption, provided they have undertaken a few basic security enhancements, such as ample lighting, and having locks on doors.

A Paradigm Shift in Liability Apportionment and Its Ripple Effects

Beyond the realm of physical security enhancements, the new law introduces a seismic shift in the apportionment of liability. Formerly, juries were constrained from attributing blame to a third-party criminal actor responsible for intentional harm. However, the revamped legislation mandates that the trier of fact must comprehensively consider the fault of all parties potentially embroiled in crime-induced injuries on another’s property.

The Vanguard Attorneys Approach: Navigating Complexities and Safeguarding Justice

In the midst of these transformative legal shifts, Vanguard Attorneys emerges as an unwavering beacon of expertise for those treading the intricate terrain of negligent security cases. Armed with years of experience in personal injury law, Vanguard’s legal professionals are not only conversant with the intricacies of the amended legislation but also possess an unparalleled grasp of the nuanced dynamics in play. While the new law may cast a shadow over the pursuit of justice for victims of negligent security, Vanguard Attorneys remains resolute in its commitment to advocating for their clients’ rights.

A Balancing Act: Envisioning the Future Landscape of Negligent Security Cases

As the legal landscape shifts, the ripples of House Bill 837 extend far and wide. While the new law does present formidable challenges for plaintiffs navigating negligent security claims, it does not definitively slam the door on the quest for justice. Vanguard Attorneys stands as an exemplar of the legal community’s fortitude, promising to uphold the rights of those aggrieved by negligent security incidents. Despite the complexities introduced by the amendments, the pursuit of justice for victims of negligent security incidents remains a tenacious and enduring mission for Vanguard Attorneys.Infographic about Florida's new negligent security laws effect on the legal landscape