The Negligent Security Theory
Negligent security is a theory of premises liability that holds property owners and operators responsible for injuries caused by third-party criminal acts — assaults, robberies, shootings — when the owner failed to take reasonable security measures and the criminal act was foreseeable given the location and history of prior incidents.
Where Negligent Security Claims Arise
- Apartment complexes with histories of crime and inadequate lighting or access control
- Parking garages and parking lots
- Hotels and motels
- Bars and nightclubs
- Shopping malls and retail stores
- Concert venues and entertainment facilities
- Banks and ATM locations
What Makes a Crime "Foreseeable"
Foreseeability of crime is typically established through: prior criminal incidents at the same property or in the immediate area, the high-crime nature of the neighborhood, prior complaints or reports about security concerns, and the type of location (bars in entertainment districts, for example, have heightened security obligations).
Security Measures That May Have Prevented the Harm
- Adequate lighting in parking lots and common areas
- Security cameras and monitoring
- Security guards or patrols
- Working locks on entrances and exits
- Key fob or electronic access control
- Security training for staff
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