When you visit a store, attend a sporting event, or even walk through your apartment complex, you do so with an unspoken assumption of safety. You trust that the property owners have taken reasonable measures to protect you from harm. But what happens when that trust is broken? What happens when a preventable crime occurs because of a lack of proper security?
This is the very essence of negligent security. It’s a legal concept that is part of a larger area of law known as premises liability. It holds that property owners, from businesses to landlords, have a legal responsibility to protect visitors and tenants from foreseeable criminal acts committed by others. When they fail to do so, they may be held legally and financially responsible for the injuries and trauma that result.
Negligent Security: What It Means for Victims
At its core, a negligent security claim alleges that a crime was not a random, unavoidable event. Instead, it was a crime that a property owner could have and should have prevented by taking reasonable safety precautions. Proving this requires demonstrating a connection between the property owner’s lack of security and the harm suffered.
For a victim, this means that even though a criminal act caused the harm, the property owner’s negligence made the crime possible in the first place. This can be a complex area of law, but an experienced legal team can help you navigate it to seek justice.
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The Legal Duty of Care: A Foreseeable Problem
A key component of any negligent security case is the concept of “foreseeability.” This means that the property owner knew or should have known that there was a crime risk on the premises. This knowledge could come from several sources, such as:
- A history of similar crimes in the area.
- Prior incidents of crime on the property itself.
- Specific threats or warnings that were ignored.
The Maryland Court of Special Appeals has affirmed this principle, stating in a 2021 opinion, “A landlord who is aware of criminal activity against persons in the common area has a duty to invitees to take reasonable security measures to eliminate foreseeable harm” (https://www.mdcourts.gov/data/opinions/cosa/2021/1747s19.pdf). This underscores that the law burdens property owners to act proactively, not just reactively.
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When is Security Negligent?
Negligent security is not about guaranteeing a crime will never happen. It’s about providing a reasonable level of protection based on the circumstances. Negligence can be found in many different types of security failures.
A property owner may be held liable if they fail to provide one or more of the following:
- Proper Lighting: A dimly lit parking lot or stairwell can create a perfect opportunity for a criminal to attack an unsuspecting person.
- Working Locks and Access Control: Broken gates, non-functioning keycard systems, or doors with broken locks can provide criminals with easy access to a property.
- Adequate Security Personnel: A property in a high-crime area may require a security guard, while a club or bar may need bouncers to prevent assaults.
- Surveillance Cameras: A lack of cameras, or broken or poorly placed cameras, can fail to deter crime and prevent authorities from identifying a suspect.
- Fencing and Other Barriers: Broken fences or walls that allow unauthorized entry to a property can be a factor in a negligent security claim.
The National Association of Premises Liability Attorneys is dedicated to educating attorneys and promoting public safety by encouraging businesses to put safety first. Their work is a testament to the importance of premises liability and negligent security laws in protecting individuals from harm.
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The Harsh Reality: Crime Statistics
While crime statistics can be complex, they provide a factual foundation for understanding the importance of proper security. According to the Bureau of Justice Statistics (BJS), a U.S. Department of Justice division, the number of violent crimes has fluctuated over the years. The BJS report on “Criminal Victimization, 2020” indicated that there were 4.6 million violent victimizations in 2020, which was down from 5.8 million in 2019 (https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/cv20.pdf).
While overall crime rates are subject to many factors, when paired with a property’s specific crime history, this data can serve as powerful evidence of the foreseeability of a criminal act. A property owner who ignores a rising tide of crime in their area, or on their premises, demonstrates a clear disregard for the safety of those on their property.
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Protecting Yourself After an Incident
If you have been the victim of a crime on someone else’s property, your immediate priority should be your health and safety. Once you are safe, there are some essential steps you can take to protect your legal rights:
- Seek Medical Attention: Document all injuries, even those that seem minor. Medical records are critical to a claim.
- Contact Law Enforcement: File a police report and get a copy. The report will document the incident and may contain details about security failures.
- Document the Scene: If possible and safe, take photos or videos of the area where the crime occurred. Look for poor lighting, broken locks, or a lack of cameras.
- Do Not Speak with Insurance Companies: The property owner’s insurance company may contact you. Do not provide a statement or accept any settlement offer without consulting a legal expert.
A negligent security lawyer from Ben Crump Law can help build a strong case and hold the negligent parties accountable.
Your Path to Justice
Negligent security claims are not simple. They require a thorough investigation into the property’s history, crime statistics for the area, and a detailed look at the security measures that were in place—or were absent. A skilled legal team understands how to gather this evidence and build a compelling case.
When a property owner’s negligence allows a crime to occur, you are left to deal with the physical, emotional, and financial aftermath. You shouldn’t have to face this alone. Pursuing a negligent security claim is not just about seeking compensation; it is about holding those responsible accountable and preventing similar incidents from happening to others in the future.
If you believe a property owner’s negligence led to you or a loved one becoming a victim of a crime, it is vital to act quickly.
Your legal options may have time limits, and evidence can disappear. A knowledgeable legal advocate can guide you through the process, fighting tirelessly to ensure your rights are protected and you receive the full and fair compensation you deserve.
Contact the Ben Crump Law firm today for a free, confidential case review. Call (800) 896-1221 today to schedule yours.
About Ben Crump Law
Renowned civil rights attorney Ben Crump founded Ben Crump Law PLLC, believing justice equals respect. His firm is devoted to advocating for the voiceless of our society, whenever or whatever kind of harm may have befallen them. From personal injury to labor and employment matters to class action lawsuits and many other types (click to view all practice areas), our attorneys are dedicated to holding the powerful accountable for their actions.
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