The “statute of limitations” refers to the maximum length of time someone has to sue an individual, business, or other entity for damages or injuries sustained as a result of their conduct. In Florida, personal injury cases that involve negligence (including negligent security cases) the statute of limitations is generally four years from the date of the injury. In the event that the result of the negligent conduct was death, the statute of limitations is two years from the date of death. So, how long can you file a negligent security case in Florida? Let’s see.
In the context of a negligent security case, the statute of limitations requires that a plaintiff must file their lawsuit within four years of the date on which they were injured as a result of the defendant’s negligent security measures, or two years from the date of the resulting death.
For example, a negligent security case may include the following scenario: A person who lives at an apartment reported to the property manager that suspicious people have frequently been on the property. Despite the reports, the property manager fails to take additional safety measures, such as adding additional lighting or adding security personnel to the property. Then on January 1, 2022, someone breaks-in and enters an individual’s apartment, physically harming them in the process. The tenant, who has become a victim of assault, has until January 1, 2026, to file a lawsuit against the at-fault party. In this scenario, the at-fault party could potentially be the property management company because they did not provide additional safety measures despite a well-known, reported pattern of tenants being exposed to danger on the property.
Exceptions to this rule may occur if a plaintiff is a minor at the time of injury. In those such cases, the statute of limitations may be extended until the minor reaches adult age (18 years old, in Florida). Additionally, if the defendant or at-fault party deliberately and fraudulently concealed the injury, or if the plaintiff was incapacitated for a period of time after the accident, the statute of limitations may also be extended to provide extra time for the potential plaintiff to file suit.
Of course, the statute of limitations may vary depending on the specifics and details of your negligent security case. Each state has its own set of laws governing the statute of limitations regarding lawsuits that involve negligence and personal injury or wrongful death. It is critical to contact an attorney in the state where the injury occurred. Furthermore, it is important to ensure that the attorney has experience with personal injury cases, as well as security negligent cases. Contact Clayton Trial Lawyers for a free consultation today if you think you may have a case.