When people hear premises liability, they often think of slippery floors or broken stairs. But there’s another side to this area of law that doesn’t get as much attention: negligent security. If a property owner fails to provide reasonable safety measures and someone suffers an assault injury as a result, the owner may bear responsibility in a civil claim. These cases arise at apartment complexes, hotels, parking garages, shopping centers, bars, nightclubs—anywhere visitors rely on an owner to take basic steps that deter predictable crime.
This legal guide explains what negligent security means, how courts look at foreseeability, the types of evidence that matter, and what compensation may be available in a premises liability lawsuit. It’s written to be practical and plain‑spoken, so you can understand your options before speaking with a premises liability lawyer.
What Negligent Security Really Covers
Negligent security isn’t about guaranteeing that crime will never occur. The law asks whether an owner or operator took reasonable precautions for the circumstances. Reasonable measures vary by location and risk level, but they often include lighting, locks, surveillance cameras, trained staff, access controls, and clear policies for handling disturbances.
Everyday examples
- An apartment building with a chronically broken front door lock and repeated trespassing complaints
- A parking garage with burned‑out lights, no patrols, and prior assaults on record
- A hotel with unrestricted access to guest floors and no cameras covering side entrances
- A bar that serves large crowds on weekends but has no trained security or incident response plan
- A shopping center that ignores prior thefts and assaults and never updates its security plan
In each scenario, the issue isn’t just that a crime happened; it’s that the owner failed to take steps that a reasonable operator would take once risks were known—or should have been known.
The Role of Foreseeability
Foreseeability is the backbone of negligent security. Courts ask whether the owner should have anticipated the risk of the kind of violence that occurred. That analysis may include:
- Prior incidents on the property or nearby
- Nature of the business (late‑night bar vs. daytime office)
- Environmental cues (isolated stairwells, blind corners, poorly lit lots)
- Industry standards for similar properties
- Owner knowledge—complaints, police calls, or insurer recommendations
If warning signs existed and the owner did nothing—or did too little—the victim may have a strong premises liability claim.
What Counts as “Reasonable” Security?
There’s no one‑size‑fits‑all checklist, but common measures include:
- Lighting that eliminates dark pockets in lots, garages, hallways, and stairwells
- Functioning locks, key‑card systems, and controlled entry
- Cameras covering entrances, exits, and high‑risk areas, with footage preserved
- Staff training on crowd control, de‑escalation, and when to call law enforcement
- Security vendors that are licensed, supervised, and staffed appropriately for peak hours
- Clear policies on handling fights, loitering, or unauthorized access
A premises liability attorney will compare what was in place to what similar properties use and to what prior incidents demanded.
Where Negligent Security Claims Commonly Arise
- Residential housing: inoperable gates, broken intercoms, or ignored complaints
- Parking facilities: dim lighting, no cameras, isolated stair towers
- Hospitality: unlocked side doors, no monitoring of guest‑only areas
- Bars and clubs: overserving, no trained security, inadequate crowd control
- Retail and malls: no patrols despite theft rings or prior assaults
- Transit hubs: poor visibility, lack of staffing during known high‑risk times
Assault Injuries and Their Aftermath
Assault injuries aren’t just bruises and broken bones. Survivors may face concussions, fractures, lacerations, and orthopedic injuries, along with post‑traumatic stress, anxiety, sleep disruption, and fear of public spaces. Medical bills add up. Time off work strains a family’s finances. The civil system can address these losses even when the criminal system focuses on punishing the attacker.
How a Premises Liability Lawsuit Works
Every case is unique, but most follow a similar path:
Immediate response
Seek medical care and report the incident to police and property management. Preserve anything that could later be evidence: torn clothing, damaged personal property, or the exact location of the assault. If safe, note lighting conditions, whether cameras were visible, and whether doors or gates were functioning.
Investigation
A premises liability lawyer gathers police reports, prior incident logs, maintenance records, staffing schedules, and security vendor contracts. They request camera footage before it’s overwritten and may visit the site at the same time of day to evaluate lighting and traffic.
Liability analysis
The legal team compares the property’s measures to industry practices and to what past incidents required. If risk increased but security stayed the same, that gap often becomes the heart of the negligence claim.
Causation and damages
Lawyers connect the dots: inadequate security made the assault more likely, and the assault caused medical bills, lost income, and other losses. Medical providers and mental‑health professionals can document injuries and ongoing care needs.
Evidence That Moves the Needle
Strong negligent security cases are built on details. Useful evidence can include:
- Video footage from the property and nearby businesses
- Prior crime data and police call logs for the site and surrounding area
- Lighting surveys and photos that show dark zones or blind spots
- Maintenance and work orders for locks, gates, and cameras
- Incident reports and emails showing management knew of risks
- Security staffing rosters and training records
Witness statements also matter—employees may confirm that lights were out for weeks or that security posts were left unattended.
Common Defenses and How to Address Them
Property owners and insurers raise predictable defenses. You may hear that the attack was random and unforeseeable, that cameras were “for deterrence only,” or that security was “reasonable under the circumstances.” They may try to shift blame to the victim by claiming the person was distracted, intoxicated, or in a restricted area. An experienced premises liability attorney anticipates these arguments and counters them with data, policies, and expert testimony.
Third‑Party Responsibility
Sometimes liability is shared. A property owner might hire a security company that failed to staff posts, follow protocols, or preserve footage. In those situations, both the owner and the vendor may be named in the premises liability lawsuit. The goal is accountability that matches the facts.
Damages You Can Pursue
Civil claims aim to make survivors financially whole. Depending on the case, recoverable damages may include:
- Emergency care, hospitalization, surgery, and rehabilitation
- Therapy and counseling for trauma and anxiety
- Lost wages and diminished future earning capacity
- Pain, suffering, and loss of enjoyment of life
- Replacement of damaged personal items (phones, glasses, clothing)
In rare cases where conduct was reckless or willful, punitive damages may be available under applicable law.
Timelines and Legal Deadlines
Civil claims are governed by statutes of limitations, which set filing deadlines that vary by state and by claim type. Evidence also goes stale quickly—video can be overwritten, and broken lights get fixed. It’s wise to speak with counsel promptly so your attorney can send preservation letters and begin collecting records.
Practical Steps After an Assault on Someone Else’s Property
- Get medical help and follow treatment plans.
- Call the police and obtain the incident number.
- Tell property management and request that they preserve video.
- Write down what you remember while details are fresh.
- Photograph the area, including lighting and access points, if you can do so safely.
- Keep receipts, medical bills, and proof of time missed from work.
- Consult a premises liability lawyer before giving recorded statements to insurers.
Why Legal Representation Helps
Negligent security cases are evidence‑heavy and often hard‑fought. A seasoned attorney can coordinate site inspections, work with security experts, interview witnesses, and negotiate with insurers who know how high the stakes can be. Most importantly, your lawyer keeps the focus where it belongs: on the owner’s duty to take reasonable steps that reduce preventable harm.
Call Brandon J. Broderick For Legal Help
If you or someone you love suffered an assault injury because a property failed to provide reasonable security, you don’t have to navigate the next steps alone. At Brandon J. Broderick, Attorney at Law, we investigate quickly, secure critical evidence, and pursue the compensation you deserve. Our team understands how premises liability and negligent security claims work—and how to hold owners and vendors accountable.
Contact us today for a free consultation. We’ll listen to your story, explain your options, and outline a plan to move forward with confidence.