With the boom in the South Florida real estate market, many condominium and housing developments advertised 24-hour security as one of their key amenities. But when a residential complex fails to provide the promised security for its residents, the results can be tragic.

In late May, the family of former University of Miami defensive lineman Bryan Pata, who was fatally shot last November outside his apartment building in Kendall, reached a $2 million settlement with the insurance companies of the apartment complex. The family's attorneys said that if a settlement hadn't been reached, they would have filed a negligent security lawsuit against Colony Apartments. They contended that the complex failed to provide the 24-hour security it had advertised, and several outdoor lights were obscured or not working, particularly where the shooting took place. Local news outlets also reported that the gate next to Pata's parking space was open until 10:00 p.m. and no security guard was on duty until then.

While the Bryan Pata murder was a horrific tragedy, it brought to light the responsibility that owners and managers of commercial properties, restaurants, shopping centers and multifamily communities have in providing their patrons, workers and tenants with a safe working and living environment. Failure to remedy potential safety issues in public areas can be construed as negligence which, when combined with significant injuries, can be the basis of an action for damages. The lawyers at Gamba & Lombana have extensive experience in the successful handling of negligent security cases.