When you visit a shopping mall, park your car in a garage, or stay at a hotel, you expect a certain level of safety. You assume the owner or manager of the property has taken reasonable steps to protect you from harm. Unfortunately, this is not always the case. When a property owner fails to provide adequate security, and a visitor is attacked, robbed, or assaulted, the victim may have legal recourse through a negligent security claim.

Being the victim of an assault or robbery is a terrifying, life-altering event that leaves you feeling unsafe and insecure. The most recent Crime in Kentucky report from the Kentucky State Police indicates that the state experienced over 49,000 assault offenses in a single year. This staggering number, averaging more than 134 assaults every day, shows how many lives are impacted by violence. When this violence happens on someone else's property—like a poorly lit parking lot, an apartment building with broken locks, or a hotel with no security—the sense of injustice is even deeper.

This type of assault injury claim in Kentucky is not against the criminal assailant but against the property owner who created an environment where the crime was more likely to occur. If you were injured by a third party on someone else’s property, you may be facing medical bills, lost wages, and significant trauma. This article details the rights of individuals who are victims and explains the ways a personal injury attorney in Kentucky can assist them.

What Is a Negligent Security Claim in Kentucky?

A negligent security claim is a specific type of premises liability claim in Kentucky. Premises liability is the area of law holding property owners responsible for injuries that happen on their property due to a hazardous or unsafe condition.

In a typical slip-and-fall case, the hazard might be a wet floor or a broken stair. In a negligent security case, the "hazard" is the failure to protect patrons and tenants from foreseeable criminal acts. The law recognizes that owners, landlords, and business operators are in the best position to implement security measures—like proper lighting, working locks, and security patrols—that deter criminals.

When they fail to implement these reasonable measures, they can be held financially responsible for the injuries a victim suffers. This is not about punishing the business for the crime itself but for their negligence that contributed to the crime happening.

Connecting Property Owner Liability in Kentucky to Your Safety

The core of property owner liability in Kentucky rests on control. An apartment complex manager has control over the building's locks, gates, and lighting. A hotel owner controls who has access to hallways and common areas. A parking garage operator controls the video surveillance and staffing.

Because they have this control, the law imposes a duty on them to use it responsibly. This duty is owed to individuals who are lawfully present on the property, including:

• Invitees: Customers in a store, guests in a hotel, or tenants in an apartment. Owners owe the highest duty of care to invitees.
• Licensees: Social guests or other individuals who are on the property with permission but not for a business purpose.

This legal framework exists to ensure that businesses that profit from the public's presence invest appropriately in protecting that same public from predictable dangers.

The Role of "Reasonable Care" Under Kentucky Law on Negligent Security

Kentucky law does not require property owners to be perfect insurers of safety. It is impossible to prevent every crime. Instead, the law demands reasonable care.

"Reasonable" is a flexible term that depends on the circumstances. A high-cash-volume business in a high-crime area will be expected to have much stronger security measures (like guards or reinforced barriers) than a small boutique in a quiet suburban neighborhood. A jury or insurance company will assess what a "reasonable" property owner should have done in that specific situation.

The Four Elements You Must Establish in a Negligent Security Lawsuit in Kentucky

Winning a negligent security lawsuit in Kentucky requires proving more than just the fact that you were attacked on the property. You and your attorney must successfully establish four specific legal elements.

Proving Negligent Security in Kentucky: A Step-by-Step Look

To build a successful negligent security case in Kentucky, your attorney will work to gather evidence to prove the following four points:

1. Duty: The property owner owed you a duty of care. As mentioned, if you were a customer, tenant, hotel guest, or other lawful visitor (an "invitee"), the owner owed you the highest duty to maintain a reasonably safe premises.
2. Breach: The property owner breached that duty. This is the "negligence" part. The owner knew, or should have known, about a security risk and failed to take reasonable steps to fix it. Examples of a breach include:
   • Ignoring a history of similar crimes in the area.
   • Failing to repair broken locks, gates, or fences.
   • Providing poor or nonexistent lighting in parking lots, stairwells, and hallways.
   • Having non-functional security cameras or fake "dummy" cameras.
   • Failing to train staff on security procedures.
   • Providing inadequate security staffing for a large event or high-risk property.
3. Causation: The owner's breach was a direct and substantial cause of your injuries. This is often a contested point. The defense will argue that the only cause was the criminal. Your attorney must show that the owner's negligence allowed the criminal attack to happen or made it more likely. For example, if the parking garage's broken security gate allowed an attacker to enter, that is a clear link of causation.
4. Damages: You suffered actual, compensable harm as a result of the attack. This includes physical injuries, financial losses, and emotional trauma. You must have medical records, proof of lost income, and other evidence to quantify your losses.

The Critical Factor of Foreseeability in Inadequate Security Claims in Kentucky

The most important and often difficult element to prove in inadequate security claims in Kentucky is foreseeability. A property owner is only liable for criminal acts they could have reasonably foreseen.

An owner cannot be held liable for a random, unpredictable act of violence that no one could have anticipated. However, many criminal acts are, in fact, foreseeable.

How Prior Crimes on the Property Impact Your Case

There are two main ways your Kentucky negligent security attorney can establish foreseeability:

• Prior Similar Incidents: If the property or the immediate surrounding area has a documented history of similar crimes (assaults, robberies, carjackings), then the owner is on notice. They can no longer claim that an attack was "unforeseeable." An owner who knows their parking lot is a hotspot for muggings and does nothing to increase lighting or add patrols is breaching their duty.
• Ambient Crime Levels: Even without a history of crimes on the specific property, if it is located in a high-crime area, the owner has a duty to be aware of that. They are expected to take security precautions commensurate with the known risks of their neighborhood.

An experienced lawyer will know how to obtain police "call logs" for the property, investigate local crime statistics, and interview other tenants or employees to build a case for foreseeability.

Common Examples of Negligent Security Scenarios

Negligent security can occur anywhere, but some businesses are more likely to be associated with these claims.

Apartment Complex Security Negligence in Kentucky

Landlords have a clear duty to provide safe living conditions. Apartment complex security negligence in Kentucky often involves:

• Broken main entry doors or security gates that allow anyone to enter.
• Failing to change locks after a previous tenant moves out.
• Poor lighting in parking areas, laundry rooms, and walkways.
• Failing to conduct background checks on employees who have master keys.
• Ignoring tenant complaints about suspicious activity or non-residents on the property.

Hotel Security Negligence in Kentucky

When you check into a hotel, you are entrusting your safety to the operators. Hotel security negligence in Kentucky can include:

• Using old-fashioned metal keys instead of secure electronic key card systems.
• Failing to secure side entrances, allowing non-guests to wander the halls.
• Inadequate surveillance of common areas.
• Giving a key to an unverified person claiming to be a guest.
• Failing to properly train staff to handle violent or dangerous individuals.

Liability for Attacks at Bars, Venues, and Parking Lots

Other common locations for negligent security claims include:

• Bars and Nightclubs: Failing to employ enough trained security (bouncers) to manage crowds, overserving patrons, or using excessive force when removing a patron.
• Parking Garages and Lots: This is a major area for claims. Poor lighting, broken emergency call boxes, and a lack of patrols or cameras create a perfect environment for attacks.
• Shopping Malls and Retail Stores: Failing to have a visible security presence during peak hours or in high-loss-prevention areas can lead to business owner liability in Kentucky if a customer is assaulted.
• Gas Stations: 24-hour convenience stores and gas stations, especially those in high-crime areas, may be negligent if they do not have adequate lighting, secure cashier booths, or functional security cameras.

Seeking Civil Justice: What Damages Are Available to Negligent Security Crime Victims in Kentucky?

While financial compensation cannot erase the trauma of a violent attack, the legal system offers a path to recover compensation for the substantial difficulties you are now facing. A negligent security settlement in Kentucky aims to make you "whole" again, at least financially.

Calculating Your Negligent Security Compensation in Kentucky

Your attorney will fight to recover damages for all of your losses, which are typically broken into two categories:

• Economic Damages: These are the verifiable financial losses you have incurred.
  • All current and future medical bills (hospital stays, surgery, physical therapy, counseling).
  • Lost wages from time missed at work.
  • Loss of future earning capacity if you are disabled and cannot return to your previous job.
• Non-Economic Damages: These damages are for intangible, but very real, suffering.
  • Pain and suffering (both physical pain and emotional anguish).
  • Emotional distress, including anxiety, depression, and PTSD.
  • Loss of enjoyment of life.

In rare cases involving extreme or willful negligence by the property owner, a court may also award punitive damages, which are intended to punish the defendant and deter similar conduct in the future.

Steps to Take if You Are a Victim of a Crime on Someone Else's Property

The moments after an attack are chaotic and terrifying. If you are ever in this situation, prioritize these steps:

1. Get to Safety: Your first priority is to get away from the attacker and to a safe, public, and well-lit location.
2. Call 911: Report the crime to the police immediately. A police report is one of the most important pieces of evidence for your case.
3. Seek Medical Attention: Even if you feel your injuries are minor, see a doctor. Some serious injuries, like concussions, are not immediately apparent. This also creates a medical record linking your injuries to the attack.
4. Document Everything: Take photos of the location, noting the poor lighting, broken locks, or any other security failure. If there were witnesses, gather their names and contact information.
5. Report to the Property Owner: File an official incident report with the business manager, landlord, or security office.
6. Preserve Evidence: Do not wash the clothes you were wearing. They may contain evidence.
7. Do Not Provide a Recorded Statement: The property's insurance company will likely call you. They are not on your side. Do not give them a recorded statement or sign any documents without speaking to a lawyer first.

Why You Need a Kentucky Negligent Security Attorney

Property owners and their large insurance companies will not accept blame easily. They will hire powerful defense firms to argue that the crime was not foreseeable, that their security was reasonable, or that you were somehow at fault.

You need a strong advocate on your side. A Kentucky premises liability lawyer from a skilled Kentucky personal injury law firm will know how to counter these tactics. Your legal team will:

• Launch an immediate investigation to preserve evidence.
• Subpoena security footage, employee logs, and maintenance records.
• Hire security experts to testify about what "reasonable" security should have been.
• Handle all communications with the insurance companies.
• Build a powerful case designed to maximize your negligent security compensation in Kentucky.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If an attack on someone else's property has injured you or a loved one, you don't need to handle the aftermath alone. These cases are complex, and the stakes are high. At Brandon J. Broderick, Attorney at Law, we are dedicated to holding negligent property owners accountable and fighting for the justice and compensation our clients deserve.

We understand the trauma you have experienced and will handle your case with the compassion and determination it requires. Do not let a property owner's negligence go unanswered. Contact us today for a free, confidential consultation to discuss your case. We are available day or night to assist you during this difficult time.