In today’s world, property owners have a legal duty to keep their premises safe and secure for visitors, tenants, and customers. One of the most critical aspects of this duty is providing adequate security measures to prevent foreseeable crimes or accidents from occurring. Unfortunately, when a crime such as assault, theft, or another violent act takes place on a property due to negligent security, the property owner often tries to deflect blame onto the victim.
The defense strategy in these cases can be ruthless, as property owners, defense attorneys, and insurance companies often argue that the victim’s actions contributed to their own injury or that the crime was unforeseeable. For victims already suffering from physical injuries and emotional trauma, the added burden of being blamed for the incident can be overwhelming.
This article will discuss the concept of negligent security, explore the common defenses used by property owners to shift blame onto the victim, and provide strategies to overcome these defenses with the help of a skilled attorney.
Premises liability is a legal concept that holds property owners responsible for injuries or accidents that occur on their property due to unsafe conditions. Within the broader scope of premises liability, negligent security refers to a property owner’s failure to provide reasonable security measures to protect visitors or tenants from foreseeable harm, particularly in areas where crime is a known issue.
Negligent security claims often arise in places such as:
Examples of negligent security include:
When property owners fail to implement these basic security measures, they put visitors at risk for crimes like assault, robbery, or sexual assault. If the crime could have been prevented with reasonable security precautions, the victim may have a negligent security claim against the property owner.
In the aftermath of a crime that occurs due to negligent security, property owners and their defense attorneys may attempt to shift the blame onto the victim in order to avoid liability. Below are some of the most common defenses used in these cases and how they can be overcome with the right legal strategy.
One of the most frequent tactics used by defense attorneys in negligent security cases is to blame the victim for the crime, arguing that their actions contributed to or even caused the injury. This defense often involves questioning the victim’s behavior in the moments leading up to the crime, including their level of intoxication, their decision to be in a certain location, or their failure to take precautions to avoid the danger.
Imagine a woman is assaulted in the poorly lit parking lot of her apartment complex after returning from a late-night event. The defense might argue that the victim should not have been in the parking lot at that time of night or that she failed to pay attention to her surroundings. They may also try to discredit the victim by highlighting irrelevant personal details, such as whether she had been drinking.
To counter the "blaming the victim" defense, it’s essential to refocus the case on the property owner’s legal duty to provide adequate security. Even if the victim was in the parking lot late at night, the property owner had a responsibility to ensure that the area was safe and well-lit. The argument should be that the victim’s behavior does not excuse the property owner’s negligence.
Additionally, it’s important to show that the victim’s actions were reasonable under the circumstances and that the crime was a direct result of the lack of security, not the victim’s decisions. Eyewitness testimony, surveillance footage, and expert testimony from security professionals can help establish that the property owner’s failure to provide adequate security was the primary cause of the crime.
Another common defense used by property owners is the argument that the crime was unforeseeable and, therefore, they cannot be held liable. They may claim that they had no reason to believe that a crime would occur on their property and that they are not responsible for predicting random acts of violence or theft.
A hotel guest is robbed at gunpoint in the parking garage of the hotel. The property owner argues that violent crimes like this are extremely rare in the area and that they had no reason to believe such an incident would occur.
To defeat the "unforeseeable" defense, the victim’s attorney must demonstrate that the crime was foreseeable based on the property’s location, crime statistics in the area, or previous incidents on the property. Crime reports, police records, and previous complaints from tenants or visitors can help establish a pattern of criminal activity that the property owner should have addressed.
In many cases, the property owner may have been aware of a high crime rate in the area or previous incidents of violence but failed to take appropriate security measures to protect visitors. By showing that the property owner knew (or should have known) about the potential danger and failed to act, the victim can argue that the crime was indeed foreseeable.
Defense attorneys may also argue that the property owner did, in fact, provide adequate security, and that the crime occurred despite their best efforts to keep the premises safe. They may point to security cameras, locks, or patrol services that were in place at the time of the crime and claim that these measures met industry standards.
In a case where a tenant is assaulted in their apartment complex’s stairwell, the property owner might argue that they had security cameras installed and that the building’s main entrances were locked. They may claim that no amount of security could have prevented the crime from happening.
To counter this defense, the victim’s attorney must prove that the security measures in place were inadequate or that they were not properly maintained. For example, if security cameras were installed but were not functioning at the time of the crime, or if the locks on doors were easily bypassed, this can be used to show that the property owner failed to meet the standard of care required.
Additionally, the victim’s attorney can present expert testimony from security professionals who can evaluate the property’s security measures and compare them to industry standards. If the security measures were outdated, poorly maintained, or insufficient for the level of risk, the property owner can be held liable for failing to provide adequate protection.
In some cases, property owners may attempt to shift the blame onto a third party, such as a security company, maintenance contractor, or even the attacker themselves. They may argue that they were not responsible for the actions of these third parties and should not be held liable for the crime.
A tenant is attacked in the common area of an apartment complex that is supposed to be patrolled by a private security company. The property owner claims that they hired a reputable security firm and that the security company failed to provide proper protection.
While third parties may bear some responsibility for the crime, the property owner cannot fully escape liability by shifting blame. Property owners have a non-delegable duty to ensure the safety of their premises, meaning they cannot absolve themselves of responsibility by hiring contractors or third-party security firms. If the property owner failed to supervise the security company, enforce proper protocols, or ensure that the security firm was meeting its obligations, they can still be held liable for the crime.
To overcome this defense, your attorney will gather evidence of the property owner’s involvement in the security process. Contracts, maintenance logs, and communications between the property owner and third-party companies can help establish whether the property owner exercised proper oversight and whether they fulfilled their legal duty to provide adequate security.
Navigating a negligent security case can be challenging, especially when property owners and their defense teams are determined to blame the victim or deflect responsibility. However, with the help of an experienced personal injury attorney, you can overcome these defenses and hold the property owner accountable for their negligence.
Here’s how a lawyer can assist you:
Your attorney will conduct a detailed investigation into the circumstances surrounding the crime, gathering crucial evidence such as crime reports, security footage, and maintenance logs. They will also work to uncover any prior incidents or complaints that show the property owner was aware of the risks.
In many negligent security cases, expert testimony is critical to proving that the property owner’s security measures were inadequate. Your attorney will collaborate with security experts to evaluate the property and provide testimony that supports your claim.
Insurance companies often try to minimize payouts by arguing that the property owner was not responsible for the crime or that the victim’s behavior contributed to the incident. Your attorney will negotiate aggressively with the insurance company, ensuring that they cannot rely on these common defenses to reduce your compensation.
If a fair settlement cannot be reached, your attorney will be prepared to take the case to court. They will present a strong legal argument, backed by evidence and expert testimony, to demonstrate that the property owner’s negligence caused the crime and that you are entitled to compensation.
Negligent security cases are often difficult to navigate, especially when property owners and their defense teams attempt to shift blame onto the victim. However, with the right legal strategy, victims of these crimes can overcome these common defenses and hold property owners accountable for their failure to provide adequate security.
At Ironclad Injury Law, we have extensive experience representing clients in negligent security cases. Whether you were injured in an apartment complex, a hotel, a parking garage, or another location, we can help you fight back against victim-blaming tactics and secure the compensation you deserve.
If you or a loved one has been the victim of a crime due to negligent security, contact us today for a free consultation. We will stand by your side and fight to ensure that property owners are held accountable for their negligence, so you can focus on healing and moving forward.
