A man rents an apartment. He operates a Chop Shop there. He gets shot at his apartment. His Estate brings a negligence action against the owner of the Apartment Complex for failing to provide adequate security measures, and that those failures were a direct and proximate cause of the man’s death. So basically not only is the man operating a Chop Shop but his Estate expects the Apartment Complex to provide security for his illegal operation. You gotta love it. “Hey, when I signed that lease, I expected you to supply me with armed guards for my illegal activities.” “Sure, we always include armed guards for $550.00 a month.”

The Good news is the case was thrown out because of Florida Statute, 768.075(4) which states:

A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for negligence that results in the death of, injury to, or damage to a person who is attempting to commit a felony or who is engaged in the commission of a felony on the property. Appellant challenges the trial court’s order, arguing that the Legislature intended to provide liability protection only in those cases where the person’s injury arose out of the commission of the felony despite the plain language of the statute itself. For support, Appellant points to the title of the enacting general law which describes the provision in relevant part as “amending s. 768.075, F.S.; . . . providing immunity from certain liability arising out of the attempt to commit or the commission of a felony.” Ch. 99-225, Laws of Fla.

MONICA KURIA, as Personal Representative of the ESTATE OF FREDDIE SMITH, III, Appellant, v. BMLRW, LLLP, a Florida limited partnership, FLAGSHIP PROPERTY MANAGEMENT, INC., a Florida corporation, and BMLRW MANAGER, INC, a corporation, Appellees. 1st District. Case No. 1D12-0592. Opinion filed December 5, 2012.

37 Fla. L. Weekly D2800a

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