Negligent or Inadequate Security Leading to Premises Liability Lawsuits

Imagine you're walking to your car in a poorly lit parking garage and are assaulted. Could the property owner be held responsible? This is where negligent security law comes into play. Negligent security cases involve situations when a property owner or manager fails to take reasonable steps to prevent criminal activity on their property, and this failure results in foreseeable harm to someone who was legally on the premises. This is a part of premises liability law, which holds property owners accountable for dangerous conditions.

The Property Owner's Duty of Care

Property owners have a responsibility to keep their premises reasonably safe. This includes minimizing the risk of criminal activity. What is considered "reasonable" depends on the type of property, the history of crime in the area, and the resources available to the owner. For example, a well-lit hallway in an apartment building, or security cameras in a shopping mall, may be considered reasonable precautions. Conversely, ignoring repeated break-ins without improving locks or lighting could be deemed unreasonable.

Foreseeability of the Crime

A key element in negligent security cases is foreseeability. To determine if a crime was predictable, a judge or jury will look at whether similar crimes happened before in the same area. For example, if there were many robberies in a parking lot, it's easier to argue that another robbery was foreseeable. Police reports and records of past incidents on the property may be used to help make this determination. Simply put, could the property owner have reasonably known that a crime was likely to happen?

Examples of Inadequate Security

An apartment complex is in a neighborhood that has recently seen many violent crimes. The property manager neglects to repair faulty door locks or maintain proper outdoor lighting, despite repeated complaints from tenants. If a resident is assaulted in a dimly lit walkway or due to the malfunctioning locks, the property owner could face a negligent security claim because the crime was foreseeable and insufficient measures were taken to deter it.

A shopping center is in an area with a notable uptick in robberies. The center’s owner or manager is aware of this trend but chooses not to install additional lighting in a shadowy parking lot or hire security personnel. If a shopper is robbed in the parking lot during evening hours, the property owner may face a negligent security claim because it was reasonably foreseeable that criminal activity might occur, and inadequate measures were taken to address the risk.

Practical Considerations and Insurance

Collecting damages from the perpetrator of a crime can be challenging, since criminals are often difficult to locate or may lack the means to pay. This can make a negligent security claim more useful. Property owners typically carry liability insurance, which covers compensatory damages in successful negligent security claims. Liability insurance is a type of insurance that protects a person or business from the risk of being held legally liable in certain situations. Insurance policies differ in coverage limits and terms, which can influence settlement negotiations and the ultimate recovery available.

Last reviewed March 2025