Experiencing an assault or robbery can leave more than physical scars—it can shake your sense of safety and control. While holding the criminal accountable is essential, many victims don’t realize they may also have a legal case against the property owner or business where the incident occurred. If the attack happened in a location that failed to provide adequate security, you may be able to sue for negligent security and seek compensation for your injuries. This blog will help you understand your rights and walk you through the steps involved in pursuing a negligent security claim.
What Is Negligent Security?
Negligent security is a type of premises liability claim. It arises when a property owner fails to provide reasonable security measures, and that failure directly leads to someone getting injured through a violent act—such as a mugging, shooting, sexual assault, or robbery. These cases often involve locations like apartment complexes, parking garages, hotels, nightclubs, or shopping centers—places where property owners owe a duty of care to the public.
In essence, if a property owner knew or should have known that crime was a foreseeable risk and failed to take basic precautions, they may be held legally responsible for your injuries.
When You Can Sue for Negligent Security
Not every crime automatically results in a valid negligent security claim. To successfully sue, certain legal conditions must be met:
The Crime Was Foreseeable
Foreseeability is key. If the property had a history of similar crimes or was located in a high-crime area, the owner had a responsibility to anticipate the risk. Failing to respond with appropriate security measures—such as installing surveillance cameras, hiring security guards, or improving lighting—may constitute negligence.
There Was a Duty of Care
Property owners and managers have a legal duty to keep their premises reasonably safe for guests, tenants, and patrons. This includes protecting people from foreseeable third-party criminal acts.
The Security Was Inadequate
If security measures were lacking or poorly maintained—like broken locks, non-functioning cameras, or absent security staff—the case for negligence grows stronger. Even if some security existed, it must be proven that those efforts were insufficient or negligently performed.
The Inadequate Security Caused the Harm
Finally, you must show that the lack of security was a direct cause of the assault or robbery. For example, had the parking garage had working lighting or a guard on duty, the crime may have been prevented.
Key Steps to Take After an Assault or Robbery
Seek Immediate Medical Attention
Your health comes first. Even if injuries seem minor, get evaluated by a doctor. Medical records serve as crucial evidence for both your recovery and your legal claim.
Call the Police and File a Report
Reporting the incident creates an official record and may help uncover patterns of crime on the property. Be detailed about the location, time, and any suspicious behavior or security issues you observed.
Document the Scene
If you’re physically able, take photos of the scene, particularly anything showing poor lighting, broken security features, or lack of visible staff. Write down what happened while it’s fresh in your mind, including any prior warnings or suspicious activity you or others noticed before the incident.
Identify Witnesses
If anyone saw the crime or can attest to ongoing security problems, get their contact information. Witnesses may play a vital role in confirming your account of what happened and the conditions on the property.
Proving Your Case: What Evidence Helps?
Strong documentation is the backbone of a successful negligent security lawsuit. Useful evidence includes:
- Police reports and crime statistics in the area
- Surveillance footage (if any exists)
- Maintenance logs showing ignored repairs
- Prior incident reports on the property
- Witness statements
- Photos or videos of the conditions
- Expert testimony on industry-standard security measures
A skilled attorney can help you gather and present this evidence effectively.
Potential Compensation in a Negligent Security Lawsuit
Victims of negligent security may be eligible to recover damages for both financial and emotional losses. Depending on the case, compensation can include:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress and trauma
- Property loss or damage
- Punitive damages, in extreme cases
Each case is different, and the extent of compensation depends on the severity of injuries, the emotional toll, and the degree of negligence involved.
Why Legal Help Is Critical in Negligent Security Cases
Negligent security claims are complex. Property owners—and their insurance companies—often fight hard to deny responsibility. They may argue that the crime wasn’t foreseeable or that they had adequate security in place.
Having an experienced personal injury attorney on your side can make a dramatic difference. Your lawyer can:
- Investigate the history of crime on the property
- Obtain security footage or repair records
- Work with crime prevention experts
- Negotiate with insurance companies
- Take your case to trial if necessary
Most importantly, a seasoned attorney understands the emotional weight of these cases. You’re not just seeking money—you’re seeking justice, accountability, and peace of mind.
Common Mistakes to Avoid
- Waiting too long to take legal action. States have different statutes of limitations; delaying can mean forfeiting your right to sue.
- Talking to insurance companies without representation. They are trained to minimize payouts. Always consult an attorney first.
- Failing to document your injuries. Medical records are key in proving harm.
- Accepting a low settlement offer. Don’t let insurers pressure you into settling before you understand your full rights.
Conclusion: Take Action to Protect Yourself—and Others
Negligent security lawsuits aren’t just about compensation—they’re about accountability. When property owners cut corners on safety, they put innocent people at risk. By speaking up and taking legal action, you not only stand up for yourself—you help protect others from becoming future victims.
If you or someone you love was injured due to negligent security, don’t suffer in silence. At Alan Ripka & Associates, we fight for justice on behalf of victims who deserve better. Let us help you hold property owners accountable and pursue the full compensation you’re entitled to.
Call us today for a consultation. We’ll review your case, explain your options, and stand with you every step of the way. You’ve been through enough—now it’s time to take back control.
