If You Were Injured in an Attack, the Property Owner May Be Liable for Negligent Security
July 17, 2026
If you get attacked in a store parking lot or the lobby of your apartment building, it is not just bad luck. There’s a good chance that the owner of the property knew that there was a risk of criminal activity in the area and yet failed to take the right steps to keep you safe.
When that is the case, the owner can be held liable for the injuries and trauma you’ve experienced. It is a doctrine known as negligent security. At the Law Offices of Benjamin Arsenian, we know these types of cases are not easy to win because the defense will come up with every argument they can think of to deny responsibility. But we also know what it takes to succeed and obtain justice and full compensation for clients who suffered the trauma of an attack.
What is Negligent Security?
Negligent security is a legal doctrine that is based on the concept of premises liability.
How Does Premises Liability Work?
The theory of premises liability holds property owners responsible when they fail to take appropriate steps to keep people safe on their property. For example, when someone owns a restaurant and they open an outdoor patio for business, the restaurant owner has an obligation to ensure the patio is safe for people to walk on. If the floorboards are uneven or there are nails sticking out and these hazards cause someone eating at the restaurant to get hurt, then the owner can be held liable for the injuries.
Premises liability holds property owners responsible not only for conditions that could cause someone to slip and fall but also other dangerous features on their property. If they knew or should have known about the hazard and didn’t take the right steps to protect people from it, then they’re liable for injuries that result. This might include blocking a fire exit so shoppers can’t get out quickly in case of fire or failing to fix a loose handrail on a staircase so that it pulls away from the wall causing someone to fall.
Are Property Owners Required to Provide Security?
Yes, when there is a foreseeable risk of harm caused by criminal activity on the premises, the owner of the property has a duty to provide adequate security measures. The type of measures will depend on the circumstances.
A property owner might be liable for failing to:
- Fix broken locks on windows or doors
- Provide enough light in parking garages or stairwells
- Put up a fence around a courtyard or parking area
- Install security cameras and monitor them
- Post security guards when the property is open for business
When Is Security Negligent?
Foreseeability is the key to establishing liability for negligent security. A property owner is generally only liable for a criminal attack when the crime was foreseeable, which would put them on notice that they needed to add security measures.
The crime could be considered foreseeable if:
- Police reports revealed similar crimes in the area
- The owner or manager of the property had received security complaints from customers or tenants
- The neighborhood had a general reputation as being at risk for this type of criminal activity
Insurance companies representing the property owner will argue that the crime was not foreseeable, so it is important to work with an attorney who understands how to demonstrate foreseeability persuasively.
FAQs About Negligent Security
What are some of the most common locations for negligent security claims?
Some of the most common examples of negligent security claims include:
- Landlords of apartment complexes failing to provide locking gates or doors on common areas
- Stores that don’t have enough lighting in the parking lot
- Bars and restaurants that serve too many people or that allow violent customers to remain drinking on the premises
- Malls that should have security guards
What damages can you recover in a negligent security claim?
An experienced attorney can work to recover damages to make up for all the effects you suffered because of the attack. Your may receive compensation for:
- Past medical expenses
- Future medical needs
- Wages lost in the past
- Reduced earnings in the future
- Pain and suffering
- Emotional anguish
It is important to get a thorough medical exam after an attack even if all you want to do is hide and rest. Medical treatment not only protects your health but also establishes evidence for your legal recovery.
Do I need a lawyer for a negligent security case if the insurance company has already offered money?
It is a good idea to contact an attorney right away if you have been offered money. At the Law Offices of Benjamin Arsenian, we offer free consultations, so it will cost you nothing to talk to us and learn about your legal rights and the value of your claim. The insurance company’s initial offer is going to be much lower than you’d get if you took your claim to court. They often try to pressure victims into accepting a quick settlement for a low amount before the victim has a chance to talk to an attorney and learn what they should be receiving based on legal precedent.
Get the Compensation You Deserve if a Property Owner Failed to Protect You
When you support a store by shopping there or patronize a hotel or other business, the least the owner can do is ensure that the premises are safe for you. That includes taking steps to protect you from criminal activity in the area.
If the owner neglects their obligation to see to your safety, they should be held responsible for the consequences, and we can work to ensure that happens. If you were hurt due to negligent security or other negligent conduct by a property owner, contact the Law Offices of Benjamin Arsenian for a free case evaluation to find out what you may be entitled to receive.