When you visit a hotel, apartment complex, shopping mall, or office building, you expect the property owner or manager to take reasonable steps to keep you safe. Unfortunately, in too many cases, basic security measures are ignored, neglected, or poorly maintained—putting visitors and tenants at risk of theft, assault, or worse.
Negligent security cases often arise after a preventable crime occurs because of conditions such as broken cameras, untrained security personnel, or doors left unlocked. But what exactly qualifies as “negligent security” under the law, and what can victims do if they’ve been harmed?
WHAT IS NEGLIGENT SECURITY?
Negligent security falls under the broader category of premises liability law. Property owners have a legal duty to maintain a reasonably safe environment for those who enter their property. This includes not only preventing accidents like slips and falls but also protecting against foreseeable criminal acts.
In a negligent security case, the victim typically claims that a crime such as an assault, robbery, or sexual attack—occurred because the property owner failed to implement or maintain adequate security measures. Importantly, the crime doesn’t have to be committed by the property owner or their employees; liability can still arise if the danger came from third parties and could have been prevented.
COMMON EXAMPLES OF NEGLIGENT SECURITY
While every situation is unique, some recurring scenarios often form the basis of negligent security claims.
- Broken or Nonfunctional Security Cameras
Surveillance cameras act as both a deterrent to crime and a tool for investigating incidents. But a camera that’s broken, poorly placed, or never monitored is essentially useless.
Example: An apartment building in a high-crime area has security cameras at the entrance, but several have been out of order for months. A resident is assaulted in the parking lot, and the lack of video evidence makes it harder to identify the attacker.
In this case, the owner may be held liable for failing to maintain equipment critical to safety.
- Untrained or Inadequately Supervised Security Guards
Hiring security staff is not enough; guards must be properly trained to respond to threats, de-escalate situations, and follow emergency protocols.
Example: A nightclub employs security guards who have no formal training in crowd control or recognizing suspicious behavior. During an altercation, they fail to intervene appropriately, leading to serious injuries.
An untrained or incompetent security team can leave patrons vulnerable and open the property owner to legal responsibility.
- Unlocked Doors and Gates
One of the simplest types of security would be access control. Doors to restricted areas, apartment entrances, or employee-only spaces should be locked and maintained.
Example: A hotel neglects to repair a malfunctioning key card system for weeks, leaving side entrances unlocked. An intruder gains access to guest floors and commits a violent robbery.
By ignoring a simple, low-cost repair, the property made it easier for the crime to occur.
THE LEGAL STANDARD: FORESEEABILITY AND REASONABLENESS
For a negligent security claim to succeed, two key elements usually must be proven:
Foreseeability of Harm
Property owners are not expected to prevent every possible crime, but they are responsible for guarding against foreseeable risks. This often involves looking at:
- Past criminal activity on the property or in the surrounding area.
- The nature of the business (for example, banks or convenience stores have higher robbery risks).
- Known safety hazards that increase vulnerability.
Failure to Take Reasonable Steps
The court examines whether the property owner took reasonable measures in light of the foreseeable risk. These can include:
- Functional locks and gates.
- Adequate lighting in parking lots and hallways.
- Working security cameras and alarm systems.
- Trained and properly supervised guards.
- Prompt responses to reported security concerns.
If a business or landlord ignores these basic measures, they can be held legally accountable for resulting injuries.
WHY NEGLIGENT SECURITY CASES ARE OFTEN COMPLEX
Negligent security cases require more than showing that a crime occurred on the premises. You must connect the crime to a specific security failure and demonstrate that better precautions could have prevented or lessened the harm.
This often involves:
- Making an ocular observation including maintenance records, crime records, and witness statements.
- Consulting experts in security standards to explain how proper measures would have reduced the risk.
- Overcoming defense arguments that the crime was unforeseeable or unavoidable.
Because of these challenges, many victims work with experienced personal injury attorneys who specialize in premises liability law.
VICTIMS’ RIGHTS AND POTENTIAL COMPENSATION
In case of injuries sustained as a result of negligent security, you can have a right to compensation on:
- Medical expenses for treatment and recovery.
- Loss of earnings in case you are not able to go to work following your injuries.
- Pain and suffering for physical and emotional trauma.
- Future damages if your injuries result in long-term disability or impairment.
In some cases, punitive damages may also be awarded to punish the property owner for extreme negligence or reckless disregard for safety.
CONCLUSION
Negligent security is not just about physical harm—it’s about trust. When you enter a property, you trust that the owner has taken reasonable steps to ensure your safety. Broken cameras, untrained guards, and unlocked doors are more than oversights; they can be the difference between safety and tragedy.
Property owners who fail to meet basic security obligations put everyone at risk. Holding them accountable not only helps victims recover but also encourages safer practices for the future.