$8.75 Million Settlement for Assault on Property Due to Negligent Security


Smith vs. ABC Apartment Complex (Names changed for privacy)


Miami-Dade Circuit Court


David W. Lipcon of Lipcon & Lipcon, P.A.

Our client, whose name must remain anonymous, was visiting a resident of a gated and secured community in Miami, Florida. After parking her car and walking towards her friend’s apartment, she was attacked and assaulted by two unknown individuals who were waiting in a nearby van. The assailants raped and beat her, in addition to stealing her personal belongings, including a valuable heirloom necklace and her purse. The assailants left the scene and have not been apprehended to date.

The victim contacted personal injury attorney David Lipcon to explore her rights, given that she was not a resident of the apartment complex and could not identify the assailants. With over thirty years of experience handling negligent security cases, Mr. Lipcon took on the case and initiated his own investigation. He delved into the internal security policies of the apartment complex and the security company hired by the complex. After much resistance, he was able to obtain security footage from the apartment complex’s entrance gates and determined that a vehicle fitting the description of the one driven by the assailants was allowed onto the property without permission—the guards simply opened the gate for the van without checking identification or the purpose of the visit. It was noted that had the vehicle been properly screened and checked as required by security protocol, the assailants never would have been allowed onto the property; they were not residents nor were they registered guests.

Our client suffered severe bruising, a broken arm and rib, as well as severe emotional damage from having suffered the sexual assault.


The case was litigated for over a year and settled on the eve of trial for $8,750,000.00.