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Negligent security

Rising crime rates means businesses could be at fault for your injury

  • The injuries are due to some criminal activity on the property. 

  • The business knew or could reasonably know (foreseeability) that a danger exists and failed to take action.

  • Has there been other crimes on the property?

  • Are the crimes similar or create a danger to persons on the property?

  • Even if there are not reported crimes on the premises, are there crimes in close proximity to the property?

  • If there are only property crimes, sometimes this can be enough to establish foreseeability as to injuries to a person.  

  • What time of day or night was it? The time may play a role in whether the business could foresee the injury. 

  • Where exactly on the premises did the crime occur?

  • Was the injury suffered as a result of failing to warn or to provide some sort of security? 

  • Did the property owner's fall below the industry standard of care and this led to the injury? **This is where an expert must testify as to the standard of care and that falling below it led to the injury. 


Where Negligent security often occurs

Apartment Complex Crimes

Inadequate lighting, security gates not working properly, no security gates, no security guards and visitors as well as residents in or around apartment complexes make this a potential target for criminals.  

Business Parking Lots Crimes or Areas Controlled by a Business/Municipality

Easy in and easy out, inadequate lighting, no security, combined with a high crime area is a ripe for negligent security and crimes against individual. 

Crimes on Restaurant Property

 Often in the parking lot, but can happen inside if the restaurant is located in a high crime area.  

Hotels/Motel Crimes

So many people coming and going, often on vacation and relaxed creates a negligent security situation where victims can be caught completely off guard.  

Gas Station Crimes

Paying attention to the pump or to the vehicle without staying attentive to what is happening around you allows criminals to sneak up on a potential victim. 

Proactive Litigation

If you are injured by negligent security an investigation by the attorney should happen quickly. 

Important evidence the attorney must gather. 

  1. Interview the police or investigating officer that responded to the crime. 
  2. Photograph the crime scene. If the crime occurred at night, photograph the lighting.
  3. Interview any potential witnesses or neighbors. 
  4. Request any video footage, if there are cameras. 
  5. Obtain prior criminal incident reports from local police with respect to the property. 
  6. Obtain prior criminal incident reports from adjacent property. 
  7. Construct a crime grid around the area. 

If a lawsuit is filed on behalf of the victim:

  1. Gather all security procedures and protocols and employee training manuals
  2. Is there a report of the incident by the office. 
  3. Are there any internal reports or incident reports of the crime or other crimes. 
  4. Secure an expert witness to testify as to negligent security, duty, foreseeability. 


Injured on someone else's property because of criminal activity? Call Blair Law: (770) 769-5099

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