Behind the Crime: Why a Florida Property Owner May Be Responsible for a Shooting
When a father is taken, and when a single afternoon ends in a triple homicide, the criminal justice system looks for the person who pulled the trigger. But as your family works through the immediate shock of this tragedy, the civil law looks at the “enablers”—the corporate property owners or managers who allowed their premises to become a hunting ground.
If your loved one was killed on a commercial property in Florida, the law doesn’t just ask who committed the crime. It asks if the crime was foreseeable and if the property owner failed to protect their guests. This is the core of a wrongful death claim, and it is how families force massive corporations to finally invest in the security measures that could have saved lives.
We look at cases like this not just as a tragedy, but as a failure of management. Property owners have a non-delegable duty to maintain a safe environment. When they ignore a pattern of local violence to save a few dollars on lighting or guards, they are choosing their profit margin over your family’s survival.
Florida’s Wrongful Death Act and Your Family’s Rights
In Florida, a lawsuit for a life taken is governed by a specific set of rules. We use these rules to build a case that accounts for the decades of support and companionship that have been stolen from you.
“It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.”
— Florida Statutes § 768.17
Under the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), the case is brought by a personal representative. This one person represents the interests of all “survivors,” which typically includes the spouse, children, and parents of the person who was killed.
The damages we pursue include:
* Lost Support and Services: The financial value of the money and help the decedent would have provided to the family over their expected lifetime.
* Mental Pain and Suffering: The human toll on a spouse or a child who has to wake up every day in a world without their father.
* Medical and Funeral Expenses: The hard costs incurred by the estate or the survivors.
The Foreseeability Factor: Proving the Property Was Dangerous
To win a negligent security case in Florida, we must prove that the owner should have seen this coming. This is the central issue in the litigation. We don’t guess—we use data.
Our team uses “Crime Grid” reports and CAP Index scores to analyze every police call made to that address and the surrounding one-mile radius over the last three to five years. If the “Police Calls for Service” (CFS) logs show a history of armed robberies, assaults, or prior shootings, the property owner cannot claim they were blindsided.
Florida juries are historically receptive to these claims when they see that a corporation knew its tenants and guests were at risk but refused to implement basic safety protocols. If a private security firm was contracted, we dig into their “post orders” to see if they were actually patrolling or just sitting in a booth.
Florida’s New Legal Hurdle: The Presumption Against Liability
You need to know that Florida law recently shifted in favor of big corporations. Under Florida Statute § 768.070, owners of multi-family housing (like apartment complexes) can receive a “presumption against liability” if they implement specific security measures.
These measures include:
* Functioning lighted parking lots from dusk to dawn.
* Lighted common areas, walkways, and laundry rooms.
* Deadbolts on unit doors and peepholes on front doors.
* Controlled access to pool areas.
However, many owners claim to have these measures but fail to maintain them. A gate that stays broken for months or a security camera that doesn’t actually record is not “adequate security.” We work to strip away this presumption by proving the systems the owner relies on were broken or useless at the moment of the shooting.
The Evidence Clock: Why the Next 72 Hours Are Central
In a Florida shooting case, the proof is on a timer. The corporate side is already moving to protect itself. You need a team that moves faster to freeze the following records:
- Surveillance Footage: Most commercial DVR systems record over themselves in 7 to 30 days. If a preservation letter isn’t sent immediately, the video of the assailant entering or the security guard being absent is deleted forever.
- Security Training Records: We use Florida Administrative Code Chapter 493 to hold security agencies accountable. If the guards weren’t properly licensed or trained, their professional negligence becomes a primary theory of liability.
- Maintenance Logs: We demand the logs for gates and lighting. Often, these “safety features” have a history of being out of service for weeks, proving the owner had notice of the danger but didn’t care enough to fix it.
The Insurance Adjuster’s Playbook: How They Devalue Your Loss
Within days of the shooting, you may be contacted by a “friendly” representative from the property’s insurance carrier. You should know that their only job is to ensure your family receives as little as possible.
Here are the three most common plays we see:
1. Blaming the Victim: The adjuster will attempt to dig into your loved one’s past to suggest they were somehow involved in the conflict or “assumed the risk” by being in a high-crime area. We shut this down by focusing on the property owner’s duty to protect all invitees.
2. The Intentional Tortfeasor Apportionment: Florida uses a modified comparative negligence system (Fla. Stat. § 768.81). The insurance company will argue that 100% of the fault lies with the shooter (who is usually broke or in prison) and 0% with the deep-pocket property owner. We counter this by showing that the shooter only had the opportunity to strike because the owner failed to lock the door.
3. The Fast, Low Settlement: They may offer a check that looks large but doesn’t begin to cover a lifetime of lost earnings for three different men. Once you sign their release, your case is over forever. Never sign anything before an expert reviews the true value of your claim.
Estimating the Value of a Triple Wrongful Death Case
When three lives are taken in a single event, the aggregate damages are massive. In Florida, a negligent security case of this magnitude can range from $3,000,000 to $15,000,000 or more, depending on several factors:
* The Insurance Tower: We look for the Commercial General Liability (CGL) policy and any excess/umbrella layers.
* Prior Crimes: A property with ten prior shootings is worth far more than a property with none, as it proves a “willful” disregard for safety.
* The Survivors: The age and number of surviving children significantly increase the value of the “lost support” and “mental anguish” claims.
Past results depend on the facts of each case and do not guarantee future outcomes, but we treat these cases as an “all-in” fight for the family’s future.
Why Out-of-State Families Trust Attorney911
If you are a family in Columbus, Ohio, dealing with a tragedy that happened in Florida, you face a logistical nightmare. You are mourning a father while trying to handle a legal system a thousand miles away.
Our managing partner, Ralph Manginello, spent years as a journalist before becoming a trial attorney. He doesn’t just wait for records to arrive; he goes and finds them. He is a competitor who hates to lose and has spent 27+ years in courtrooms, including federal court.
Lupe Peña is our firm’s “insider.” Before joining us to fight for families, he worked as an insurance-defense attorney for a national firm. He knows exactly how adjusters set their reserves, how they use software to devalue pain, and how they use delay tactics to wear families down. He uses that training to anticipate their moves before they make them.
We provide a free consultation and we work on a contingency fee basis—meaning we don’t get paid unless we win your case.
Frequently Asked Questions
What is the statute of limitations for wrongful death in Florida?
In most cases, you have two years from the date of death to file a lawsuit under the Florida Wrongful Death Act. If you miss this deadline, your right to seek justice is likely lost forever. There are very narrow exceptions, so you should have an attorney verify your specific timeline immediately.
Can a property owner be held liable for a murder?
Yes. Under Florida’s “negligent security” laws, if a property owner knew or should have known that there was a risk of violent crime and failed to take reasonable steps to prevent it, they can be held civilly liable for the resulting death or injury.
What if my loved one was partially at fault for the situation?
Florida follows a modified comparative negligence rule. If the victim is found to be more than 50% at fault, they are barred from recovery. However, in shooting cases, the “fault” is almost always shared between the assailant and the property owner who failed to provide security. We work to ensure the victim is never blamed for being in the wrong place at the wrong time.
How do we prove the shooting was “foreseeable”?
We use police records, news reports, and expert testimony from criminologists to show that the property was in a high-crime area and that the owner had “constructive notice” of the danger. If similar crimes happened nearby and the owner didn’t add guards or better lighting, the shooting was foreseeable.
Who receives the money in a Florida wrongful death settlement?
The money is distributed among the survivors (spouse, children, parents) as defined by the statute. The personal representative oversees this process, and the court often approves the final distribution to ensure it is fair to everyone, especially minor children.
What kind of security should a property have?
“Adequate security” depends on the crime rate. In a high-crime area, the standard might include armed guards, 24/7 monitored cameras, a perimeter fence with a guarded gate, and high-intensity lighting. A simple “no trespassing” sign is rarely enough.
Can we sue the security guard company too?
Yes. If the property owner hired a private security firm and that firm’s employees were sleeping, distracted, or improperly trained, we can bring a professional negligence claim against the security company alongside the claim against the property owner.
Why do I need a lawyer if the shooter was already caught?
The criminal case only punishes the shooter. It does nothing to help your family pay the bills or secure your future. A civil lawsuit is the only way to hold the business interests accountable and to recover the financial support your family lost.
What does “no fee unless we win” actually mean?
It means we take all the financial risk. We pay for the experts, the crime reports, and the filing fees. You pay nothing out of pocket. We only receive a percentage of the final settlement or jury verdict. If we don’t recover money for you, you owe us nothing.
Does your firm serve Spanish-speaking families?
Yes. Lupe Peña is fluent in Spanish and conducts full consultations without an interpreter. Hablamos Español y estamos listos para ayudar a su familia.
If your family is facing this crisis, do not wait for the property owner’s insurance company to “do the right thing.” They won’t. Call us at 1-888-ATTY-911 for a confidential, no-cost evaluation of your case. We are here to protect you.
Learn more about our team and how we build catastrophic cases.
