Douglas J. McCarron ,left, and Michael Andrew Haggard ,right, of Haggard Law Firm. Courtesy photos Douglas J. McCarron, left, and Michael Andrew Haggard, right, of Haggard Law Firm. Courtesy photos

With the passing of HB 837, immediate investigation and site inspections in negligent security cases are more important than ever. Florida Statute Section 768.0706 provides multifamily residential properties (apartment complexes, townhouses and condominiums) a presumption against liability by claiming that they "substantially implemented" some basic security measures. Many of these security measures, i.e., locks on doors and windows and pool gates, were already mandated by local building codes. As such, most complexes had the required locks and pool gates prior to obtaining a certificate of occupancy. 

Getting to the property to document its condition at the time of the incident is required when fighting the presumption. In order to effectively prosecute a negligent security premises liability case, a large part of your investigation should be completed prior to filing. Completing a thorough investigation early on provides a strategic advantage, and the ability to push a case forward that will undoubtedly be beneficial to your client and your case. This means that relying on investigative means outside of traditional discovery is not an option, it is a necessity.