This duty arises from the old English concept of the tavern owner, who was responsible for his guests. The theory, in general, is that when an individual relinquishes control over his own safety and security, a “special relationship” between the business owner and patron is created, and the business owner incurs an enhanced responsibility to provide reasonable protection to its patrons. This duty is considered “ non-delegable,” and the landowner cannot extricate himself from responsibility by attempting to “delegate” the landowner duty to another, independent contractor, such as a security company (which also may be liable).
Moreover, when addressing the responsibilities of a residential tenant, Florida’s Residential Tenant Security Act, section 83.53, Florida Statutes, provides statutory requirements for a landlord to provide clean premises with adequate locks. This statute, which specifically confers a private right of action, has been used in at least one circumstance to impose the right of a claimant to pursue punitive damages against a landlord who deliberately ignored the dictates of the Act for unreasonable financial purposes.
If you have a situation concerning apartments, hotels or other accommodations with cause to negligent security issues, please contact the Florida law experts at Corless Associates at 877-517-5595.
