Frequently, this blog discusses cases involving a landowner’s duty to keep their property in a reasonably safe condition, or to warn visitors of known hazards. Most often, the dangers we refer to in these cases involve some defect with the property itself. However, Florida premises liability cases are not limited to these types of situations.
In some cases, a landowner can be held responsible for the criminal acts of a third party. While these cases are often referred to as Florida negligent security cases, they are actually based on the traditional theories of negligence. Thus, under Florida law, to establish that a landowner is liable for the intentional criminal acts of a third party, the plaintiff must be able to prove that the landowner did not act with reasonable care to prevent such criminal conduct. Most importantly, this requires the plaintiff to establish that the third-party’s conduct was foreseeable.
A recent state appellate decision illustrates how courts view this type of premises liability claim, and the kind of evidence that may be required to establish a landowner’s liability.