Associate Attorney
In Graham v. Orlando Lodge No. 1079 (Fla. 6th DCA Apr. 24, 2026), the Sixth District affirmed summary judgment in favor of a property owner in a negligent security case involving third-party criminal conduct.
What happened:
The plaintiff brought a wrongful death claim after a fatal criminal act occurred on the property. The trial court entered summary judgment for the defendants, and the Sixth District affirmed.
Although the majority opinion was short, several judges wrote separately to discuss the issue of foreseeability in negligent security cases.
Judge Nardella’s concurrence emphasized that criminal acts are often unpredictable and cautioned against expanding liability to make business owners responsible for criminal conduct they cannot control. The concurrence also noted that Florida courts are not uniform in how they analyze foreseeability in negligent security cases and suggested the law in this area is still developing.
Why it matters (for trial lawyers):
• Foreseeability remains the key issue in negligent security cases
• Florida courts continue to apply different approaches in analyzing these claims
• The Sixth DCA signaled a reluctance to broadly expand liability for third-party criminal acts
Takeaway:
This case shows the Sixth District is taking a narrower approach to negligent security liability and may further shape how foreseeability is analyzed in future cases.
Stay sharp with us.
Negligent security cases often turn on whether the criminal act was foreseeable — and Florida courts are still refining that standard.
* * * * * * * * * *
THIS BLOG IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE. THE READER SHOULD CONSULT WITH KNOWLEDGEABLE LEGAL COUNSEL TO DETERMINE HOW APPLICABLE LAWS APPLY TO SPECIFIC FACTS AND SITUATIONS. BLOG POSTS ARE BASED ON THE MOST CURRENT INFORMATION AT THE TIME THEY ARE WRITTEN. SINCE IT IS POSSIBLE THAT THE LAWS OR OTHER CIRCUMSTANCES MAY HAVE CHANGED SINCE PUBLICATION, PLEASE CALL US TO DISCUSS ANY ACTION YOU MAY BE CONSIDERING AS A RESULT OF READING THIS BLOG.