The Duty to Warn of Concealed or Latent Dangers

This article mainly focuses on apartment complexes. However, some of the suggestions apply to many types of businesses. Security guards, CCTV cameras, and locked gates are only part of the big picture. Always overlooked, and yet one of the simplest components to address is safety notifications.

The state of Florida has specific legislation regarding the responsibility of business establishments to provide a reasonably safe environment for invitees on their property: All businesses also have a non-delegable duty under Florida law to warn of concealed or latent dangers that would be unknown to others (see, e.g., U.S. Sec. Serv. Corp. v. Ramada Inn, 665 So. (5) 2d 268, Fla. Dist. Ct. App., 1996, Decided Jan. 10, 1996). Before Florida enacted legislation requiring property owners to create a “reasonably safe environment” for invitees, legal efforts were underway to make property owners accountable for reasonably foreseeable harm that resulted from their actions:

The following is an example of a latent danger that warrants notification: a burglar enters an apartment through an unlocked second-floor patio door. A notification to tenants should be made to lock their patio doors and be on the lookout. The tenants and team members should be advised that if they see something, they say something. Failure to notify tenants of a situation like this could result in a civil penalty, especially if there is a pattern and/or someone is hurt.

Below are a variety notifications that could help to inform employees and tenants of latent dangers.

1. Public bulletin boards, which can be in common areas such as mailboxes, laundry rooms, and the main office. Designate a specific team member to update the boards.

2. Mass communication via telephone or email.

3. A monthly newsletter. Note that if the issue is immediate, mass communication may be the best.

4. Establish a neighborhood watch program with law enforcement participation. Meetings are ideal for notifications and up-to-date law enforcement information.

5. Organize monthly social events and utilize social media.

The complex manager or management company should regularly pull crime statistics for the area and the complex. This information will help to uncover a crime trend that could be addressed. For up-to-date information, management should request that tenants and team members report any law enforcement interaction on the property and include a case number. This is an important step that should help in the discovery of latent dangers and assist with foreseeability issues.

Furthermore, as of Jan 2025, all apartment complexes must have a CEPTED study performed. Law enforcement is the best source; however, private vendors can also perform this task. Further information can be obtained on the State of Florida Attorney General's website. Do not confuse a security risk assessment with a CEPTED study they are two different assessments that have some overlap. The security risk assessment is more comprehensive, and it covers a wider range of data points. The risk assessment study is only performed by private vendors who charge a fee.

These suggestions are not all-inclusive, and I bet you can come up with other ideas. Drop me a line with your suggestions. Remember, these are only suggestions and my opinion. I hope this helps. Be safe.

About the Author

Mark Lang is a security expert witness with more than four decades of experience in law enforcement, healthcare security administration, and corporate security management. He has consulted on numerous negligent-security premises-liability and police misconduct matters.

Expert Witness Inquiries: Attorneys seeking consultation on negligent security, premises liability, or police misconduct cases may contact Mark Lang via the website's contact page. CV and fee schedules are attached for review.