When you enter another party’s property, you should be able to do so with the assumption that they have taken reasonable steps to secure its safety. That doesn’t just mean that property owners must clean up spills to prevent slip-and-falls. They can also be held liable for negligent security if you are attacked. The question is, what is negligent security and when is a Louisiana property owner liable?
What Is Negligent Security?
Property owners have a duty to keep their land and buildings in a safe state, which includes taking actions to prevent foreseeable crimes. Negligent security is an issue that occurs when a property owner fails to take action to prevent violent incidents from occurring in their buildings or on their grounds.
It can take many forms depending on the prevalence of crime in the area. Property owners can be found liable for negligent security if they:
- Fail to install lighting in dark stairwells or parking lots.
- Do not hire security personnel to patrol the grounds in areas known for high crime rates.
- Have inadequate security cameras to cover the building and grounds when they should.
- Fail to control access to the property, which can include not fixing defective or missing locks on windows, doors, or security gates.
- Provide inadequate training for staff on responding to security threats.
Negligent security claims can arise on all kinds of properties. They’re most common on commercial properties like shopping centers and in apartment complexes. Landlords must also address structural issues that create a foreseeable risk of criminal access.
Central Elements of a Negligent Security Claim
Under negligent security laws, property owners must take steps to prevent foreseeable issues. In other words, they must have been able to reasonably predict that a crime was possible. Factors that can influence what’s considered a reasonably foreseeable criminal act can include:
- The history of other violent acts on or near the property
- Whether there have been complaints from tenants or visitors to the property
It’s always reasonable to assume that a broken lock on an apartment door is an invitation to crime, even in areas that are not prone to break-ins. Security cameras and adequate lighting are often considered important intermediary steps. In cases where crime rates are high in the area, hiring security personnel to patrol a property may be considered a reasonable precaution.
We can help you collect evidence that shows that the criminal act that caused your injuries was reasonably foreseeable given the circumstances. Depending on what happened, that evidence could include:
- Police reports
- Internal incident reports
- Surveillance footage
- Witness statements
Property owners often try to counter negligent security claims by arguing that the crime was not foreseeable or could not have reasonably been prevented. We can help you prove their liability in your negligent security case, even if the property owner had some security measures in place or you were acting carelessly in a way that partially contributed to the incident.
Where Are Negligent Security Claims Most Common?
In 2024, the violent crime rate in Louisiana was 520 per 100,000 residents. Many of these crimes took place on properties that should have been secured against them, leading to the filing of negligent security claims.
Some properties are more prone to negligent security than others. Common sources of claims in the Pelican State include:
- Apartment complexes
- Shopping centers
- Parking lots and garages
- Bars and nightclubs
- Hotels and motels
- Hospitals and other medical facilities
- Schools and college campuses
No matter where your negligent security claim arose, we can help you hold the property owner liable for their failures to secure the property against foreseeable criminal activities.
FAQs
What Is Negligent Security?
Negligent security is an issue that occurs when a property owner or a company contracted to secure a property fails to take proper steps to keep it safe. Examples include things like inadequate lighting in parking lots leading to muggings, a failure to hire security personnel to patrol an area known for violent crime, or not fixing broken locks on a building.
What Must a Plaintiff Prove to File a Successful Negligent Security Claim?
To file a successful negligent security claim, a plaintiff must prove that the property owner failed to take reasonable steps to secure a property based on foreseeable incidents. You must show that the property owner had a duty to keep you safe while you were on the property, that they failed to do so, and that the failure led to an incident that caused you compensable damages.
Are Negligent Security Claims Hard to File Successfully?
Negligent security claims can be hard to file successfully. They require showing not just that a violent incident occurred on the property in question, but also that the property owner should have known this could happen and failed to take reasonable steps to prevent it. You can improve your chances of success by hiring a Louisiana negligent security attorney.
How Much Money Can You Recover From a Negligent Security Claim?
How much money you can recover from a negligent security claim varies depending on factors such as the severity of your injuries and whether you were assigned any amount of liability for them. We can help you make a full recovery by collecting evidence, interviewing witnesses, and arranging for witnesses to testify as to the full extent of your damages.
Hire a Negligent Security Lawyer Today
If you were attacked on another person’s property, you should hire a negligent security lawyer to review your case right away. Louisiana has a strict two-year prescriptive period for personal injury claims, which applies to negligent security cases, so don’t put off contacting a lawyer.
You can reach out to the team here at Ron Austin Law to schedule a consultation regarding your negligent security case. We’ve been in practice since 1995, and in that time, we’ve handled countless complex negligence cases and helped many clients recover large settlements. You can trust us to handle your case with seriousness and respect.
