Liability for Inadequate Security Leading to Assault or Robbery

Property owners have a legal obligation to keep their property in a reasonably safe condition for visitors. If they don’t take basic security measures, such as keeping areas properly lit or maintaining locks, they may be held liable if someone is later assaulted or robbed on the property. Cases like this fall under premises liability law.

Incidents like assaults and robberies in dimly lit alleys, apartment complexes with broken locks, and unsecured hotel corridors are all too common. If you’ve been injured as a result of negligent security, it’s time to talk to a personal injury attorney. Call Verderame Law Group Arizona Injury Lawyers now.

What is negligent security?

Negligent security occurs when a manager or property owner doesn’t take reasonable steps to protect visitors from foreseeable criminal acts. Note the word “foreseeable” there—this means that property owners aren’t automatically held liable for any crime that occurs on their property. The courts look at whether or not the harm could have been prevented had the property owner anticipated it and taken appropriate precautions, based on prior incidents and known risks.

Examples of negligent security include:

• Broken locks on doors and gates

• No security personnel in high-risk areas

• Poor lighting in stairwells, parking lots, and walkways

• Surveillance cameras that do not work

• Failing to address complaints about safety concerns or previous incidents

If a property owner knew or should have known about a security risk and did not take steps to address it, they may be held legally responsible.

Duty of care owed by property owners in Arizona

Arizona law states that property owners owe a duty of care to those who legally enter their premises, with different levels of protection granted to different groups. Depending on the location, that may mean customers at businesses, tenants in residential complexes, and invited guests. The level of protection depends on the person’s legal status and the area involved.

While there are legal classifications defining different groups of visitors in Arizona case law, the basic takeaway remains the same. Property owners must keep their property in a reasonably safe state. Part of that is identifying and addressing potential dangers proactively.

The risks that may exist depend a lot on what type of property it is. For example, in an apartment complex, you may assume that an owner should foresee issues with people wandering in without permission if entrance doors do not have working locks. In a bar, it may be expected that owners and managers will foresee a risk of assault in poorly lit areas without security cameras.

When is a property owner liable for assault or robbery?

For a victim to succeed in a negligent security claim, they have to prove four elements that show negligence.

First, they must show that the property owner owed a duty of care to them. For example, if they’re a tenant, the apartment owner would owe them a duty of care.

Second, they have to show that the other party breached that duty. In this example, the apartment owner may not have listened to the tenant’s complaints of unwelcome visitors entering the building due to a broken lock.

Third, they must show that the lack of security contributed to the assault or robbery. If the victim was robbed or assaulted by someone who would not have been able to access the property if it had proper security measures, that may support causation.

Finally, they have to show that they suffered physical, emotional, or financial harm.

Causation is often contested in these claims. An owner may claim that they did not cause the crime or commit it, so they should not be held liable. They may also claim that they had no way to predict what happened, so they could not have taken preventative measures. Consider the example we just used. The owner may claim that they couldn’t have anticipated a potential criminal coming in from off the street and assaulting a tenant. You may combat that by pointing to similar incidents in the area or showing proof that you reported the issue to management.

The role of foreseeability in Arizona negligent security cases

Foreseeability plays a central role in negligent security claims, particularly in the breach and causation analysis, showing up in applicable cases like Knauss v. DND Neffson Company. A property owner is at far greater risk of being held liable if the criminal act was predictable based on known risks or prior incidents. Your personal injury lawyer may use several different forms of evidence to show that the property owners should have known about the risk and taken action:

• Police reports of similar crimes in the area

• Incident reports from the property

• Tenant, customer, or client complaints about the safety issue in question

• Local crime statistics

The more similar incidents there are, the harder it is for a property owner to claim that they could not have foreseen the issue. Note that this doesn’t mean that the exact same type of crime must have occurred. Patterns of criminal activity may be enough to demonstrate a foreseeable risk.

Common types of inadequate security resulting in claims

Negligent security claims are common in a range of settings. Some commonly reported incidents in Arizona include:

• Parking lot assaults caused by a lack of surveillance or poor lighting

• Apartment complex robberies arising from broken locks or unsecured access points

• Hotel assaults caused by inadequate monitoring or failure to control access to guest areas

• Retail store crimes caused by a lack of security in high-risk areas

• Bar and nightclub assaults arising from poor crowd control

No matter what the specific focus of the case is, the court looks at whether or not there were reasonable security measures in place.

Depending on the type of property involved and who was responsible for security, there may be several potentially liable parties. They include the property owner, a property management company, a business tenant leasing the space, or a third-party security company.

Demand justice after an assault or robbery—call our team now

If inadequate security led to you being assaulted or robbed, it’s time to hold the negligent parties accountable. Call us now or send us a message online to discuss your case with our experienced team.