Navigating Florida Negligent Security Claims Post Tort Reform

Following recent tort reform in Florida, the landscape of negligent security claims has undergone significant changes, particularly with new statutory provisions allowing an intentional criminal third-party tortfeasor to be listed on a jury verdict form. Before the 2023 tort reform changes introduced through House Bill 837 and Florida Statute Section 768.0701, negligent security cases involving injuries caused by criminal third-party tortfeasors only considered the fault of the commercial tenant, property manager, property owner and also the plaintiff. A criminal third-party tortfeasor could not be named a Fabre defendant. Instead, the actions of a criminal third-party were generally only considered in assessing the foreseeability of the crime and the negligence of the defendants.