Negligent security claims arise when a property owner fails to take reasonable measures to protect visitors from foreseeable criminal activity. These cases focus not on accidents, but on injuries caused by assaults, robberies, or other crimes that occur because security risks were ignored or inadequately addressed.

Negligent security claims often involve serious physical harm and raise complex questions about foreseeability, prevention, and responsibility.

This page provides an overview of negligent security claims under premises liability law, including how they arise, when they become legal claims, and the factors that determine liability and recovery.

All content on Laws101 is provided for informational and educational purposes only and is not a substitute for advice from a licensed attorney.

Negligent security claims arise when a property owner fails to take reasonable measures to protect visitors from foreseeable criminal activity. These cases focus not on accidents, but on injuries caused by assaults, robberies, or other crimes that occur because security risks were ignored or inadequately addressed.

Negligent security claims often involve serious physical harm and raise complex questions about foreseeability, prevention, and responsibility.

This page provides an overview of negligent security claims under premises liability law, including how they arise, when they become legal claims, and the factors that determine liability and recovery.

All content on Laws101 is provided for informational and educational purposes only and is not a substitute for advice from a licensed attorney.

What Legally Defines a Negligent Security Claim?

Negligent security cases are fundamentally about foreseeable crime and preventable harm, not guaranteeing safety.

Courts typically examine whether:

  1. Criminal activity was reasonably foreseeable on or near the property
  2. The property owner knew or should have known about prior incidents or risks
  3. Reasonable security measures were available and practical
  4. The lack of security contributed to the injury

Unlike slip and fall cases, negligent security claims hinge on patterns of crime, prior incidents, and security decision-making, not maintenance timelines.

Common Reasons Negligent Security Claims Arise

Negligent security claims often stem from failures such as:

  • Inadequate lighting in parking lots or common areas
  • Broken or unsecured doors, gates, or access points
  • Lack of security guards or patrols in high-risk areas
  • Failure to address known criminal activity on the property
  • Non-functioning surveillance cameras
  • Poor visibility or blind spots
  • Inadequate crowd control or staffing

These cases frequently involve known risks that were tolerated rather than addressed.

Types of Negligent Security Claims

Negligent security claims commonly arise in locations where people reasonably expect safety measures to be in place.

When It Becomes a Legal Issue

A negligent security claim arises when:

  • A person is lawfully on the property
  • Criminal activity was foreseeable based on prior incidents or conditions
  • Reasonable security measures were not implemented
  • The failure contributed to injury

Property owners are not insurers of safety, but they may be liable when known dangers are left unaddressed.

Who May Be Held Liable?

Negligent security claims often involve multiple responsible parties, depending on control over safety decisions.

Potentially liable parties include:

Property Owners

Owners may be liable for failing to address known security risks on their property.

Property Management Companies

Managers responsible for security policies, lighting, or staffing may share liability.

Business Operators or Tenants

Businesses may be liable when security failures occur within leased or controlled spaces.

Event Organizers or Promoters

Liability may arise when inadequate security is provided for events with foreseeable risks.

Security Contractors

Private security companies may be liable if their services were negligently performed.

Determining liability often requires reviewing contracts, incident reports, and security policies.

Key Factors That Can Affect the Outcome of a Case

Negligent security cases are evidence-intensive and often contested. Outcomes may depend on:

  • Crime history of the property and surrounding area
  • Prior police reports or incident logs
  • Security policies and staffing levels
  • Lighting conditions and visibility
  • Surveillance footage and maintenance records
  • Expert testimony on reasonable security practices
  • Severity of injuries and permanency

Foreseeability is often the central issue of contention in these cases.

Related Premises Liability Categories

Depending on the facts, injuries involving criminal activity may overlap with other premises liability categories.

  • Unsafe Building Conditions: When broken locks, gates, or lighting contribute to criminal access, unsafe building conditions may also be involved.
  • Slip and Fall Accidents: In some cases, inadequate lighting or security contributes to falls in parking garages or stairwells.
  • Swimming Pool and Recreational Hazards: Security failures in recreational areas may involve access control and supervision issues.

Relationship to Other Areas of Law

Negligent security claims often intersect with multiple areas of law beyond premises liability.

  • Wrongful Death Law: Fatal assaults or shootings may give rise to wrongful death claims brought by surviving family members.
  • Criminal Law: Many negligent security cases involve underlying criminal conduct such as assault, robbery, or homicide. While criminal law governs the prosecution of the offender, the same incident may give rise to a civil negligent security claim against the property owner for failing to prevent foreseeable criminal harm.
  • Employment Law: When employees are injured due to inadequate workplace security, employment law issues may arise, including workers’ compensation or employer safety obligations.
  • Business and Commercial Law: Liability may depend on lease agreements, security contracts, or indemnification clauses that allocate responsibility between property owners, tenants, and security providers.

These overlapping areas influence who can be sued, what claims are available, and which procedural rules apply.

Conclusion

Negligent security claims focus on preventable criminal harm, not unavoidable crime. When property owners ignore known risks or fail to implement reasonable safety measures, they may be held responsible for resulting injuries.

Understanding negligent security law helps clarify how premises liability applies in cases involving violence, crime, and serious personal harm.

FAQs About Negligent Security Claims

No. Property owners are not required to guarantee safety, but they must take reasonable steps to address foreseeable risks.

Foreseeability is often based on prior similar crimes, police reports, crime statistics, or known security vulnerabilities on or near the property.

No. Liability focuses on the failure to provide adequate security, not the identity of the attacker.

Yes. Property owners, managers, tenants, and security contractors may all share responsibility.

They can be, particularly without evidence of prior incidents or expert analysis of security practices.