Can I Sue for the Negligent Security of Property if I Was Injured?

Premises liability lawsuits are a way for individuals injured on someone else’s property to get compensation for their injuries.

The exact obligations of a landowner, property manager, business owner, or landlord vary by state law. However, in their basic form, premises liability cases allege that because a property owner failed to keep their property reasonably safe, the plaintiff got injured and is therefore entitled to compensation.

One way that a property owner can fail to keep their property reasonably safe is through a lack of security. Inadequate security can allow foreseeable criminal acts to occur on the premises. Here is an overview of these negligent security claims. For legal advice in these cases, contact a premises liability lawyer.

What Is a Negligent Security Claim?

“Negligent security cases tend to arise when a third party commits a crime on a property — a mugging or assault, for example — causing someone personal injury,” explains Mark Raczkowski, a premises liability attorney at AZ Premises Law in Phoenix, Arizona.

Common types of properties in these cases include:

• Retail stores and shopping malls;
• Grocery and convenience stores;
• Nightclubs and bars;
• Hotels;
• Hospitals; and
• Apartment complexes.

“It’s not as though the property owner or an employee caused the harm or committed a criminal act. It’s some third party over whom the property owner had no control. They came onto the property and committed an assault or violent crime. In these scenarios, the person who got assaulted can have a claim against the possessor of the property.”

In order to have a successful claim, you’ll have to address the following points.

1. Should the Property Owner Have Known About Criminal Activity?

As in any premises liability claim, the plaintiff must first show that there was a hazardous condition on the premises. In negligent security cases, the hazard is criminal activity in the area. “The plaintiff alleges that the property owner knew this was an area where crime could be prevalent,” Raczkowski says.

This requirement is known as foreseeability. “Because of repeated criminal acts or violence in the area, the property owner should have known there was a risk of crime occurring on the premises and put in place adequate security measures.”

To prove that the property owner should have known about the risk of crime, a plaintiff might point to police reports about criminal activity in the area. A plaintiff would also check if other complaints had been lodged with that property owner about criminal activity on the premises.

The plaintiff alleges that the property owner knew this was an area where crime could be prevalent… Because of repeated criminal acts or violence in the area, the property owner should have known there was a risk of crime occurring on the premises and put in place adequate security measures.

2. Did the Property Owner Mitigate the Risk with Proper Security Measures?

Given that the property owner knew about criminal activity in the area, did they implement reasonable security measures to mitigate the risk of criminal incidents occurring on the property?

For example, did the property owner:

• Install or replace locks/entry codes?
• Build or maintain fencing or walls?
• Hire adequate security personnel?
• Install security cameras?
• Install an alarm system?
• Install or maintain adequate lighting for walkways, parking lots, common areas, etc.?

If you can show that the property owner failed to implement these or other security measures, even though they knew about the danger, you may have a successful claim.

Why Sue the Property Owner if a Third Party Is Responsible for the Crime?

You might think there’s something odd about negligent security lawsuits: You’re not suing the person who was actually responsible for attacking or injuring you. Instead, you’re suing the owner of the property where the attack occurred. Why is that?

Raczkowski explains that the assailant will likely be criminally prosecuted if law enforcement can locate them. But though the assailant can be prosecuted, they likely won’t have the resources to cover a civil claim for damages. “So, plaintiffs search for a pocket of money that might be able to contribute to the damages. That’s when you start seeing people going after the possessor of the property,” he says. “The possessor is usually going to be a corporate entity with liability insurance that can cover the compensation.”

Collecting Damages in Negligent Security Cases Can Be Challenging

Raczkowski adds a word of caution about negligent security lawsuits: Even if you win the case, you may not be able to recover full damages. The damages in a premises liability case typically include economic damages such as medical bills and lost income and non-economic damages for emotional distress or pain and suffering resulting from the injuries.

“These are challenging cases because even if you can show that a crime occurred, at the end of the day, the business or property owner is not the responsible party for the crime. And so, in some states, such as Arizona, where I practice, the jury will apportion fault. For example, they could decide to apportion 80 percent of the fault to the assailant and 20 percent to the possessor of the property where the crime occurred. That means the plaintiff would only recover 20 percent if they couldn’t locate the assailant or if the assailant is judgment-proof, meaning they don’t have the resources to pay.”

This word of caution is not meant to deter individuals from pursuing their legal options. Every case is unique, and whether a lawsuit is worth pursuing should only be decided in consultation with an experienced premises liability attorney.

Find a Premises Liability Lawyer

“Negligent security lawyers” are typically premises liability or personal injury attorneys with experience representing injury claims arising from the inadequate security of premises. Many attorneys who practice personal injury and premises liability law offer free case evaluations to learn more about your case.

Visit the Super Lawyers directory to find an experienced premises liability lawyer in your area for legal advice. To learn more about the legal rules in this area of law — including how states determine a property owner’s duty of care based on whether the visitor is an invitee, licensee, or trespasser — see our overview of premises liability law.