The ABCs of Negligent Security Law

What Is Negligent Security and Why It Matters

Negligent security holds property owners accountable when their failure to provide reasonable safety measures leads to preventable crimes like assaults or robberies on their premises.

Key Elements of Negligent Security:

• Duty of Care – Property owners must take reasonable steps to protect visitors
• Foreseeability – The crime should have been predictable based on prior incidents or area crime
• Breach of Duty – Owner failed to provide adequate security measures
• Causation – The security failure directly contributed to the victim’s harm
• Damages – Victim suffered actual physical, emotional, or financial losses

Property owners have a legal duty to keep their premises safe. If they know about security risks—like broken gates, poor lighting, or malfunctioning cameras—but fail to act, they can be held liable for resulting injuries.

Common negligent security scenarios include:

• Assaults in poorly lit parking garages
• Hotel room break-ins due to faulty door locks
• Apartment complex attacks where broken gates weren’t repaired
• Shopping mall robberies despite known crime patterns

Victims can suffer severe physical injuries and long-term emotional trauma like PTSD. In a notable case, a jury awarded $43 million against CVS, finding it 95% responsible for a shooting after it removed security guards despite prior incidents.

I’m Jason Fine, a Pennsylvania Super Lawyer with over 25 years of experience representing victims in negligent security cases, including obtaining some of the top verdicts in the state. My firm helps clients steer these complex cases while they focus on recovery.

The Core Elements of a Negligent Security Case

When a crime occurs on someone else’s property, negligent security law examines whether a property owner’s failure to provide reasonable safety measures led to a foreseeable crime. Understanding these cases means breaking down the essential elements that make a claim valid.

The Property Owner’s Duty of Care

Every negligent security case begins by asking if the property owner had a legal duty to keep visitors safe. The answer is almost always yes. Property owners have a duty of care—a legal obligation to take reasonable steps to protect people on their premises from foreseeable crimes, not just accidents.

The level of protection depends on the visitor’s status. Invitees (customers, hotel guests) receive the highest protection, while licensees (social guests) are also owed significant care. This means maintaining secure locks, providing adequate lighting, and addressing known hazards promptly.

When property owners know their premises attract criminal activity but do nothing, they leave the door open for trouble. Our team at J. Fine Law has seen owners cut corners on security to save money, only to face devastating consequences.

For landlords specifically, these responsibilities can be complex. You can learn more about landlord responsibility for security to understand how these duties apply in rental situations.

Foreseeability: Was the Crime Preventable?

Foreseeability is a key challenge in these cases. It doesn’t require predicting the future, but asks if a reasonable property owner should have anticipated the crime. We look for warning signs that should have alerted the owner to danger, such as prior similar crimes, high crime rates in police reports, or ignored complaints about security issues.

For example, if an apartment complex has had multiple break-ins and residents have complained about a broken security gate, a subsequent assault becomes highly foreseeable.

Property owners can’t claim ignorance when warning signs are clear. We investigate police reports, maintenance logs, and prior incident records to establish a pattern of negligence.

Common Security Failures and High-Risk Locations

We repeatedly see the same security failures, often due to neglect or cost-cutting, leading to preventable crimes. Common failures include inadequate lighting, broken locks or gates, malfunctioning cameras, and untrained or insufficient security personnel. These issues create opportunities for criminals.

These failures are especially dangerous in certain locations. According to Bureau of Justice Statistics (BJS) data on crime locations, high-risk areas include:

• Parking garages and lots
• Apartment complexes
• Hotels and motels
• Bars and nightclubs
• Shopping centers

We’ve handled cases in all these locations, reinforcing how basic security can mean the difference between safety and tragedy.

Proving a Negligent Security Claim

A strong negligent security case requires proving the property owner’s negligence caused the harm by establishing all four elements: duty, breach, causation, and damages.

Evidence gathering is crucial. We collect police reports, medical records, witness statements, security footage, and maintenance logs. Expert testimony from security professionals helps establish what reasonable protection should have looked like.

Causation is key: we must prove that better security would have likely prevented the crime. For instance, proper lighting and surveillance in a dark parking lot could have deterred an attack.

The famous $43 million CVS verdict demonstrates how strong evidence wins cases. The jury found CVS 95% responsible for a shooting after it removed security guards and ignored lighting requests, making the breach of duty clear.

Our firm’s 98% success rate and over $50 million recovered for clients comes from this thorough approach.

Victim Consequences and Legal Deadlines

A negligent security incident has far-reaching consequences, affecting a victim’s physical health, emotional well-being, and finances.

Physical injuries can be severe. The CDC notes that common assault injuries include bruising, fractures, and internal damage, often requiring extensive medical care.

The emotional trauma is often devastating. Victims may develop anxiety, depression, and PTSD, leading to fear, paranoia, and social isolation. These invisible scars can require years of therapy.

Financial losses compound the suffering through medical bills, lost wages, and reduced earning capacity. In fatal incidents, families may file wrongful death claims.

Time is critical due to statute of limitations deadlines, which vary by state. Missing these deadlines means losing your right to seek compensation forever. Acting quickly preserves legal rights and evidence.

Risk Mitigation and the Role of Insurance

Preventing negligent security incidents protects lives and serves as a legal defense. Smart property owners implement effective security measures to keep people safe.

Preventative measures include regular security audits, maintaining and upgrading systems with adequate lighting and functional cameras, and proper staff training. Known risks must be addressed immediately.

When incidents occur, liability insurance is crucial for property owners. It covers compensatory damages in negligent security cases, including medical bills, lost wages, and pain and suffering.

For victims, pursuing claims against insured owners is often more practical than collecting from criminals. Policy coverage limits impact settlement negotiations, and understanding these complexities is essential for maximizing compensation.

Protecting Your Rights After an Incident

If you’ve been hurt due to a property owner’s failure to keep you safe, you’re likely facing injuries, mounting medical bills, and questions about accountability. You have rights, and there are legal paths to get the compensation you deserve.

Your Right to Seek Justice

While the criminal justice system punishes the perpetrator, the civil legal system allows you to hold negligent security property owners accountable for their failures. If a property owner knew their broken gate was letting criminals in but did nothing, they share responsibility for what happened to you.

Time Is Critical

Acting quickly is essential. States have strict deadlines (statutes of limitations) for filing lawsuits. Missing them means you could lose your right to compensation forever. The sooner you seek help, the better we can preserve crucial evidence like security footage and witness statements before they disappear.

What You Can Do Right Now

While focusing on healing, keep detailed records of everything: medical treatments, police reports, communications with the property owner, and photos of your injuries and the scene. These details can make a huge difference.

You’re Not Fighting This Alone

At J. Fine Law, we’ve helped victims of negligent security in Pennsylvania and New Jersey for over 25 years. We handle the legal fight while you focus on recovery.

Our track record speaks for itself: a 98% success rate and over $50 million recovered for our clients. We’re committed to getting you every dollar you deserve. Pursuing a claim not only seeks justice for you but also encourages property owners to take security seriously, potentially preventing future incidents.

Your Next Step

Wondering if you have a case? We offer a free consultation to listen to your story and explain your rights with no obligation. For more information, see our guide where a negligent security lawyer explains your options.

You’ve been through enough. Let us handle the legal battle so you can focus on your recovery. You deserve justice, and we’re here to fight for it.