Victim of Crime - Negligent Security Lawyer
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Victim of Crime - Negligent Security Lawyer
Fighting for Your Rights
A negligent security lawyer represents people who were assaulted, robbed, or otherwise harmed by a crime on property where the owner or manager failed to take reasonable security measures. The person who committed the crime is responsible, but so is a property owner who could foresee the danger and did not take reasonable steps, such as fixing broken locks, adding lighting, or providing security staff. A negligent security claim is a civil case and can go forward whether or not the attacker is ever caught or convicted. Onal Injury Law reviews negligent security cases from anywhere in the United States.
Key facts at a glance
- Property owners who invite people onto their property, including landlords, hotels, stores, and parking facilities, have a duty to take reasonable steps against foreseeable crime.
- Foreseeability is usually the central issue, and courts look at prior similar crimes, the nature of the property, and other warning signs.
- A civil claim does not depend on an arrest or conviction, and it uses a lower standard of proof than a criminal case.
- Every state has a crime victim compensation program that can pay some costs, such as medical bills and lost wages, separate from any lawsuit.
- Security video is often recorded over within days or weeks, so early preservation is critical.
What is negligent security?
Negligent security is a type of premises liability claim. It arises when a property owner or manager fails to provide reasonable security, and that failure allows a foreseeable crime to happen. The claim is not that the owner committed the crime. It is that the owner had a duty to make the property reasonably safe and fell short in a way that made the crime possible or more likely.
Where do negligent security
cases happen?
These cases often involve apartment complexes and public housing, hotels and motels, parking garages and surface lots, shopping centers and malls, bars, nightclubs, and entertainment venues, gas stations and convenience stores, and office buildings, campuses, and transit facilities. Short-term rental properties can also be involved. Our article on
injuries at short-term rentals
covers that setting.
What security failures lead to
these claims?
The failures we see most often are broken or missing locks on entry doors, gates, and windows, poor or burned-out lighting in parking areas, stairwells, and walkways, broken or unmonitored security cameras, no security staff or too few guards for the property's history, guards who were not trained or did not follow their post orders, failure to remove or ban known dangerous people, failure to warn residents or guests about recent crimes, and overgrown landscaping that created hiding places.
How is foreseeability
proven?
Most states require proof that the crime was reasonably foreseeable to the property owner. Courts use different tests. Some focus on whether similar crimes happened on or near the property before. Others look at the totality of the circumstances, including the type of business, the neighborhood, and prior incidents of all kinds. Some balance the likelihood of harm against the burden of the security measures that would have prevented it.
The evidence usually includes police calls-for-service records for the property and the surrounding area, prior incident reports, tenant or guest complaints, internal emails about security, the property's security contracts and guard post orders, and testimony from a security expert about what reasonable security would have looked like. Much of this has to be requested from the police department and the property owner early in the case.
Who can be held
responsible?
Depending on the property, responsibility can rest with the property owner, the management company, the business operating on the property, a security company hired to protect it, and the person who committed the crime. When several parties share responsibility, states handle the allocation differently. Some allow a jury to assign part of the fault to the attacker, which can reduce what the property owner pays. Others limit that reduction. This is one of the state law issues that affects the value of a case.
What can a crime victim
RECOVER?
A negligent security claim can include medical expenses, counseling and mental health treatment, lost income, pain and suffering, and emotional distress, including post-traumatic stress, which is common after a violent attack. In fatal cases, the family may bring a wrongful death claim.
Separately, every state has a crime victim compensation program that can pay certain expenses, such as medical bills, counseling, and lost wages, usually after other sources are used. These programs have their own application deadlines, often measured from the date of the crime, and they generally require that the crime was reported to police. Applying does not prevent a civil claim.
What should you do after a crime on
someone else's property?
Get medical care and report the crime to the police. Ask the property owner or manager in writing to preserve all video, access-control logs, and incident reports from that day and the weeks before. Write down everything you remember about the property's condition, including lighting, broken doors or gates, and whether security staff were present. Keep copies of any lease, hotel receipt, or other document showing why you were on the property. Do not give recorded statements to the owner's insurer before getting advice.
Negligent security cases
in other states
Many negligent security cases involve hotels and travel, where the victim lives far from the property. We review negligent security cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. For injuries from dangerous conditions rather than crime, see our
slip and fall lawyer
page, and if an assault caused a head injury, see our
traumatic brain injury page.
Negligent security questions
people ask us
Can I bring a claim if the attacker was never caught?
Yes. A negligent security claim is against the property owner and others who failed to provide reasonable security. It does not require the attacker to be identified, arrested, or convicted.
Does a prior crime have to happen at the exact same place?
Not always. Some states require prior similar incidents on or near the property, while others consider all of the circumstances. Crimes in the surrounding area, prior incidents of other types, and warnings the owner received can all be relevant.
I was assaulted at my apartment complex. Can I sue my landlord?
You may be able to if the landlord failed to fix broken locks, lighting, or gates, ignored complaints, or did not respond to prior crimes in a way a reasonable landlord would have. Your lease, repair requests, and any notices from the landlord are important evidence.
Should I apply for crime victim compensation?
In most cases, yes. State programs can pay some costs quickly and have their own deadlines. Applying does not prevent you from bringing a civil claim, although the program may need to be repaid from a later recovery.
Can you help if the crime happened in another state?
Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.
Talk with Onal Injury Law
about your case
Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.
The first consultation is free and confidential, and we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything. Call (201) 335-6788 or request a free case review.
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