According to Florida case law, where the plaintiff alleges that the defendant had a duty to protect against reasonably foreseeable criminal conduct, the plaintiff must prove that the defendant had knowledge of similar criminal actions occurring on the premises:
The rule in Florida is well established that a landlord has a duty to protect a tenant from reasonably foreseeable criminal conduct. However, in order to impose that duty an injured tenant must prove that the landlord has knowledge of prior similar criminal conduct occurring on the premises. Highlands Insurance Company v. Gilday, 398 So.2d 834 (Fla. 4th DCA 1981); Relyea v. State, 385 So.2d 1378 (Fla. 4th DCA 1980). While there was no evidence of prior murders in Western Hill Estates, there was evidence of a number of breakings and enterings in the park over a period of three years, several robberies, reported rapes and other lesser crimes involving trespasses, prowlers and suspicious persons. An expert witness for the appellant opined, based upon his study of depositions, police reports and minutes of homeowners meetings, that there existed a substantial crime rate in the area; that the security patrol in the park was of little or no value and that a security guard should be uniformed and furnished with a visible security vehicle. In sum, the witness testified that the crime involved in the present case was not only foreseeable but was preventable.
See: Salerno v. Hart Finance Corp., 521 So. 2d 234 (Fla. Dist. Ct. App. 4th Dist. 1988)
Related:
- When is a Crime Legally Foreseeable For a Florida Premises Liability Claim?
- What Is A Foreseeable Risk?
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