Florida has recently changed state laws that impact security liability for apartment complexes and other multifamily properties.
Governor Ron DeSantis signed House Bill 837, known as the "tort reform" bill, to combat lawsuit abuse and make significant changes to Florida's justice system, which now includes the law governing negligent security claims.
While the law is meant to protect property owners from frivolous suits, some fear it could make it more difficult for injury victims to get compensation for their damages. Keep reading to learn more about these changes.
Apartment Security Liability In Florida
In Florida, under the Homeowners and Landowners Liability Act, the property owner is responsible for maintaining safe conditions on their property. This includes taking reasonable safety measures to protect residents and visitors from harm.
If a person is harmed due to inadequate safety precautions, the property owner can be liable for negligence and face legal consequences. While these laws exist to protect individuals against negligence, property owners felt the laws were abused and lobbied the state to reform its tort laws.
Responsibilities Of Property Owners And Landlords
Whether the property is a small 5-unit apartment complex or a 20-story highrise apartment building, the owners of the property have a legal duty to maintain the building so that any potential hazards or threats to the safety of the tenants, visitors, and employees are mitigated. Some of these duties include:
- Conducting regular property inspections to Identify and eliminate potential safety hazards immediately.
- Ensure common areas are well-lit to minimize the risk of accidents or crime.
- Keep communal areas clean and free from contamination that could cause accidents.
- Take care of wear and tear, such as mending broken railings, replacing worn flooring, and repairing damaged walls.
- Adhere to all maintenance regulations the State of Florida sets and any county regulations.
Tenants’ Expectation of Security
When you sign a lease for an apartment, you are entering into the agreement with the expectation that both your personal living space and any shared common spaces will be secure and safe for you to occupy.
While every apartment is different, here are a few of the security measures that should be available in any apartment in Florida.
- All exterior doors should have deadbolt locks to provide security against break-ins.
- Ensure all windows have functioning locks to deter burglars and help prevent unauthorized entry.
- There should be adequate lighting around the building, specifically near entrances and exits, to deter potential criminals.
- There shouldn’t be any damage to the property that could result in injury to a tenant, such as exposed wiring, broken locks, or disabled fire alarms.
Florida’s New Tort Reform Bill
Florida Governor Ron DeSantis signed House Bill 837, known as the "tort reform" bill, to limit property owners’ liability and reduce frivolous lawsuits. The bill was introduced to strike a balance between property owners' rights and the safety of residents and visitors.
HB 837 Overview
The primary purpose of HB 837 is to establish a presumption against liability for owners of multifamily properties, such as apartment complexes, if they comply with specific safety requirements. These requirements include:
- The presence of a valid certificate of insurance
- Crime prevention assessment through environmental design by a law enforcement agency
- Compliance with all applicable building, housing, and maintenance codes
What Did HB 837 Change?
This legislation introduced sweeping changes aimed at overhauling Florida's litigation landscape. The bill's enactment marks a pivotal moment in Florida's legal history, with profound implications for insurers, businesses, and everyday residents.
Modification of Comparative Negligence System
One of HB 837's hallmark changes is transitioning from a pure comparative negligence system to a modified one. Under the new framework, a plaintiff can only recover damages if their share of responsibility for an incident is 50 percent or less.
This modification aims to ensure that individuals significantly responsible for their own injuries cannot benefit from compensation, thereby addressing concerns over frivolous lawsuits and the exploitation of the legal system.
Statute of Limitations for Negligence Actions
Another critical aspect of HB 837 is the reduction of the statute of limitations for negligence actions from four years to two years. This change compels individuals to act swiftly in filing lawsuits following an injury, potentially reducing the number of claims and streamlining the legal process.
Impact on Insurance Claims, Medical Bills, and Damages
Another major change implemented by HB 837 is the introduction of significant restrictions on recovering medical bills and damages.
Specifically, it limits awards of medical damages to amounts actually paid and requires certain disclosures related to medical expenses. These provisions aim to curb inflated claims for medical costs and ensure that compensation reflects genuine financial losses.
The bill also introduces substantial reforms to bad faith insurance claims, setting a higher bar for proving such cases. Insurers now have a 90-day grace period to respond to claims, and mere negligence is insufficient to establish bad faith.
What Does This Mean For Floridians?
The enactment of HB 837 has far-reaching implications for Florida residents. By altering the legal framework governing personal injury cases, the bill affects how individuals seek redress for injuries sustained due to negligence.
While proponents argue that the reforms will reduce frivolous lawsuits and lower insurance costs, critics express concerns about potential barriers to justice for genuinely injured parties.
Speak To An Attorney About A Premises Liability Claim
If you were injured due to the negligence of an apartment’s owner or management, you could have a premises liability claim. Even though Florida’s new tort reform laws can make it more difficult to file a claim, that doesn’t mean that an experienced personal injury attorney can’t get you the compensation you deserve for your injuries, lost wages, and even emotional distress.
Weinstein Legal Team’s injury attorneys work on a contingency fee basis, which means you won’t pay any costs or fees for your representation unless we win your case. Click here to schedule a free consultation with an attorney, or call us today at 888.626.1108 to get started.
