After being the victim of an assault or robbery on someone else’s property, it’s natural to feel that the situation was preventable. Maybe the parking lot was dangerously dark, a security gate was broken, or there were no security guards in sight. These aren’t just unfortunate details; they are potential failures by the property owner to keep you safe. If you’re grappling with injuries and trauma, the question can I sue a business for lack of security is a critical one. The law recognizes that property owners have a duty to protect visitors from foreseeable criminal acts. This guide will walk you through what you need to prove, who can be held responsible, and the steps you can take to seek justice and compensation.
Key Takeaways
- Businesses are responsible for preventing foreseeable crime: Property owners have a legal duty to address known risks and provide reasonable security, like proper lighting and working locks. If they fail and you get hurt, they can be held accountable for their negligence.
- A successful claim links the owner’s failure to your injury: You must prove that the inadequate security was a direct cause of the attack, not just a coincidence. This often involves showing a history of similar incidents that made the danger predictable and preventable.
- Act quickly to protect your rights and preserve evidence: Arizona has a two-year deadline for filing injury claims. It’s crucial to document everything, get medical care, and speak with an attorney promptly to ensure all responsible parties are identified and held accountable.
What Is Negligent Security?
When you visit a store, apartment complex, or parking garage, you expect the owner to have taken basic steps to keep the property safe. Negligent security is a legal concept that holds property owners accountable when their failure to provide adequate security leads to a visitor being harmed by a criminal act. It falls under an area of law known as premises liability, which says that property owners have a responsibility to protect people from foreseeable dangers on their property.
Think of it this way: if a hotel owner knows their parking lot is poorly lit and that several guests have been robbed there, they have a duty to fix the lighting or add security patrols. If they do nothing and another guest is assaulted, the owner could be held responsible for creating an environment where that crime was more likely to happen. A negligent security claim isn’t just about the person who committed the crime; it’s about the property owner’s failure to take reasonable measures to prevent it. These cases are about holding businesses accountable for inadequate security that puts people at risk.
What Counts as a Security Failure?
A security failure isn’t always obvious, but it often involves a property owner overlooking clear risks. It’s about neglecting the basic safety measures that could deter a crime. Common examples include dangerously dim lighting in parking lots, hallways, or stairwells that could hide an attacker. It could also be broken locks on apartment doors, faulty security gates that don’t close, or security cameras that are visibly broken or not recording.
Other failures might involve a lack of security personnel, especially in places that need them, like concert venues or large shopping centers. It can also mean hiring security guards who aren’t properly trained to handle threats. Essentially, any situation where a property owner fails to address known or obvious hazardous conditions can be considered a security failure.
When Is a Business Legally Responsible?
For a business to be held legally responsible, you can’t just point to a crime that happened on their property. You and your attorney need to prove four key things. First, that the business had a “duty of care,” or a legal obligation to keep you reasonably safe. Second, that they failed in that duty by not providing adequate security. Third, you must show a direct link between their failure and the attack that injured you. Finally, you have to demonstrate that you suffered actual harm, like medical bills or lost wages.
A crucial part of these cases is “foreseeability.” This means proving the property owner knew, or should have known, that a crime like the one you experienced could happen. If there have been similar incidents in the area or on the property before, it strengthens the argument that the danger was predictable and preventable. Proving these elements is the foundation of a successful personal injury claim.
What Are a Business’s Security Responsibilities?
When you visit a store, park in a commercial garage, or live in an apartment complex, you have a right to expect that the owner has taken steps to keep you safe. This isn’t just about good business practices; it’s a legal obligation. Property owners have specific responsibilities to protect visitors from foreseeable harm, including criminal acts. If they fail to meet these standards and someone gets hurt, they can be held accountable. Understanding these responsibilities is the first step in knowing your rights if you’ve been the victim of an attack due to a security failure.
This legal responsibility is broad and covers everything from fixing a broken step to preventing an assault in a poorly lit parking lot. The law recognizes that property owners are in the best position to identify and fix dangerous conditions on their property. They can’t just ignore potential threats and hope for the best. Instead, they must be proactive in creating a safe environment. This involves understanding the specific risks associated with their property and taking appropriate action. Below, we’ll explore exactly what this duty entails, what counts as “reasonable” security, and how a property’s history can increase an owner’s obligations.
Understanding the “Duty of Care” to Visitors
At the heart of every negligent security case is a legal concept called “duty of care.” In simple terms, businesses and property owners have a legal duty to keep their visitors, customers, and employees reasonably safe from harm. This responsibility is a core part of the laws governing premises liability. If a property owner fails to uphold this duty and someone is injured as a result, they can be held legally responsible for the damages. This duty applies to anyone lawfully on the property, from a shopper in a mall to a tenant in an apartment building. It means the owner must actively identify and address potential dangers on their property.
What Does “Reasonable Security” Actually Mean?
The law doesn’t expect property owners to create an impenetrable fortress or stop every crime. Instead, it requires them to take reasonable steps to prevent foreseeable criminal acts. What’s considered “reasonable” can vary depending on the type of property and its location, but it often includes fundamental safety measures. This could mean ensuring adequate lighting in parking lots and hallways, installing security cameras, and making sure all locks and gates are in working order. When a business fails to provide these basic protections, it can be considered a case of inadequate security, creating an environment where attacks are more likely to happen.
How Past Crimes Impact a Property’s Obligations
One of the most important factors in a negligent security case is foreseeability. If a property owner knew, or should have known, that a certain type of crime was a risk, their duty to provide security becomes much greater. The best evidence of this is a history of similar crimes happening on or near the property. For example, if an apartment complex has experienced several assaults in its laundry room, the owner is on notice that a dangerous condition exists. Ignoring that history and failing to add cameras, improve locks, or increase patrols would be a serious breach of their duty of care, because the risk of another assault was clearly foreseeable.
What Do You Need to Prove in Court?
Winning a negligent security case isn’t as simple as showing you were injured on someone else’s property. You need to build a strong argument that connects the property owner’s carelessness directly to the harm you suffered. In legal terms, this means proving four specific things. Think of them as four pillars that must all be standing for your case to be successful. Let’s walk through each one so you understand what it takes to hold a business accountable for failing to keep you safe.
Proving the Business Had a Duty to Protect You
First, you have to establish that the business had a “duty of care.” This is a legal term that simply means they had a responsibility to keep you reasonably safe. When a business opens its doors to the public—whether it’s a shopping mall, an apartment building, or a concert venue—it automatically assumes this duty for its customers, tenants, and guests. This responsibility is the foundation of all premises liability cases. Proving this duty is usually the most straightforward part of the case, as the law is clear that property owners can’t just ignore the safety of people they invite onto their property.
Showing How They Failed in That Duty
Next, you must show that the business failed in its duty—or “breached” it. This is the core of the negligence claim. You need to point to specific actions they didn’t take or unsafe conditions they allowed to exist. For example, did they fail to repair broken locks, leave an area poorly lit, or not hire security guards despite a history of crime in the area? Proving this breach involves demonstrating that the business didn’t provide the level of security that a reasonable person would have in the same situation. This failure to act responsibly is what makes a case of inadequate security so serious.
Linking Their Failure Directly to Your Injuries
This step, called “causation,” is crucial. You have to draw a clear line from the security failure to your injury. It’s not enough that the security was bad; you must show that the bad security is why you were harmed. For instance, if you were assaulted in a dark parking garage, you’d need to argue that with proper lighting or security patrols, the attack likely would have been prevented. The defense will often try to argue that the crime was random and would have happened anyway. Your attorney’s job is to build a case that proves the owner’s negligence was a direct cause of the incident.
Documenting Your Losses and Damages
Finally, you must prove that you suffered actual harm, known as “damages.” This means you have a clear, measurable injury. While the emotional trauma of an attack is very real, a successful claim typically requires a physical injury as its foundation. Your damages are the losses you’ve incurred because of that injury. This includes things like medical bills, the cost of therapy, lost income from time off work, and future medical expenses. Documenting these losses is essential for recovering the compensation you need to support your personal injury recovery and move forward.
Who Can Be Held Responsible for a Security Failure?
When you’re injured because of a security failure, one of the first questions is, “Who is responsible for this?” The answer isn’t always straightforward. It’s rarely just the person who directly caused your harm. Instead, liability often extends to the people and companies who had a duty to keep the property safe but failed to do so. This could be the owner of the business, the company that manages the property, or even a third-party security service that was hired to protect visitors. Identifying all the potentially responsible parties is a crucial first step in seeking justice.
Untangling this web of responsibility is a critical part of any premises liability case. Think of a large shopping mall: the mall owner, the management company, and the individual store where an incident occurred could all share a piece of the blame. A detailed investigation is needed to look at leases, service contracts, and internal safety policies to determine who was responsible for what. By pinpointing every party whose negligence contributed to the unsafe conditions, you can ensure that everyone who played a role in what happened is held accountable. This comprehensive approach is key to building a strong case and recovering the compensation you need to move forward.
Property Owners and Business Operators
The most direct line of responsibility often leads to the owner of the property or the operator of the business where you were injured. Whether it’s a grocery store, a concert venue, a gas station, or a hotel, that business has a legal duty to take reasonable steps to keep its customers and visitors safe from foreseeable harm. If they were aware of a potential danger—like a string of robberies in the area—but did nothing to increase security, they can be held responsible for what happened to you. Their failure to act when they should have is the basis of a negligent security claim.
Landlords and Property Management Companies
In many situations, the business you were visiting doesn’t own the building. For apartment complexes, office buildings, and shopping malls, a landlord or a separate property management company is often in charge of overall safety and maintenance. Their responsibilities typically cover common areas like parking lots, lobbies, stairwells, and hallways. If your injury was caused by a broken security gate at your apartment complex or dim lighting in a shared parking garage, the landlord or management company could be the one at fault for the security lapse, as they failed to maintain a safe environment for tenants and guests.
Third-Party Security Services
Many property owners and businesses hire outside companies to handle their security needs. When they do, that security firm also takes on a duty to protect people on the premises. If a security guard was improperly trained, wasn’t paying attention, or failed to follow protocol, their employer—the security company—can be held liable for that negligence. These companies are paid to provide a professional service. When they fail to do their job correctly and someone gets hurt, they can be held accountable for their failure, sometimes right alongside the property owner who hired them.
Can Multiple Parties Be at Fault?
Absolutely. In fact, it’s common for liability in an inadequate security case to be shared among several parties. Think about an attack that happens in a dark corner of a mall parking garage. The mall owner could be at fault for not installing better lighting, the property management company could be liable for ignoring complaints about the area, and the contracted security company could be responsible because its guards weren’t patrolling effectively. In these complex situations, a detailed investigation is essential to show how each party’s carelessness contributed to the incident. Holding all responsible parties accountable is crucial for a successful outcome.
Common Examples of Inadequate Security
When we talk about inadequate security, it’s rarely one single, dramatic failure. More often, it’s a series of smaller oversights that create an environment where a criminal feels emboldened to act. A property owner’s failure to provide a safe environment can show up in many ways, from basic maintenance issues like broken locks to major staffing problems like untrained guards. These aren’t just minor mistakes; they are breaches of the owner’s legal duty to keep visitors reasonably safe. Understanding these common examples can help you recognize when a business may have failed in its duty to protect you. These lapses are often key components in a premises liability claim, showing that the property owner knew, or should have known, about a risk and did nothing to fix it. Whether it’s a poorly lit parking garage, a malfunctioning security camera, or a complete lack of security personnel in a high-crime area, each failure contributes to a dangerous situation. Proving that these conditions existed and directly led to your harm is the foundation of a successful negligent security case. Below are some of the most frequent security failures we see in these types of cases.
Poor Lighting and Broken Locks or Gates
One of the most basic security measures is ensuring a property is well-lit and secure. Dark parking lots, unlit stairwells, and shadowy hallways create opportunities for attackers to hide. When a property owner fails to replace burnt-out bulbs or install adequate lighting in vulnerable areas, they are creating hazardous conditions that can lead to harm. Similarly, broken locks on doors, faulty key card systems, or gates that are stuck open are direct invitations for unauthorized people to enter a property. These aren’t just minor inconveniences; they are serious security breaches that can have devastating consequences for residents, customers, and guests.
Missing or Non-Working Security Cameras
In many commercial settings, security cameras are an expected safety feature. They serve two purposes: to deter potential criminals and to help identify them if an incident occurs. When a business fails to install cameras in high-risk areas or, just as negligently, allows existing cameras to fall into disrepair, they compromise the safety of their patrons. A non-working camera provides a false sense of security and removes a critical tool for seeking justice after a crime. Property owners have a responsibility to ensure their security systems are functional and properly monitored. Neglecting them is a key factor that can lead to unsafe facilities.
Lack of Trained Security Guards
For certain types of properties, like apartment complexes, bars, or shopping malls, having a visible security presence is essential. However, simply having a person in a uniform isn’t enough. A case for inadequate security can be made if a business fails to hire enough guards to cover the property or if the guards they do hire lack proper training. A well-trained security professional knows how to spot suspicious activity, de-escalate conflicts, and respond effectively during an emergency. When security personnel are poorly trained or overwhelmed, they can’t effectively protect the people they are there to keep safe.
Ignoring Known Dangers or Previous Incidents
A property owner’s responsibility to provide security becomes much greater if they are aware of existing dangers. If there has been a string of robberies in a store’s parking lot, or if residents have repeatedly complained about non-residents loitering in an apartment building, the owner is on notice. They have a clear warning that a problem exists. Ignoring these warnings and failing to take action—like hiring a guard, fixing a lock, or improving lighting—is a significant act of negligence. This failure to respond to known threats is often a critical factor in holding a property owner accountable for a personal injury that happens on their premises.
How Businesses Fight Negligent Security Claims
When you file a claim for inadequate security, it’s important to understand that the property owner and their insurance company will likely not accept responsibility right away. They have legal teams dedicated to protecting their bottom line, and they rely on a few common strategies to argue they aren’t at fault for what happened to you. This isn’t personal; it’s a business calculation designed to minimize their financial liability. They might question the events, your actions, and the extent of your injuries.
Successfully pursuing a premises liability claim means being prepared for these defenses. Businesses often argue that the crime was an unforeseeable, isolated incident that they couldn’t have prevented. They may also insist that the security measures they had in place were perfectly adequate for the circumstances, even if they failed to protect you. Another common approach is to shift the focus entirely onto the person who committed the crime, arguing that the attacker is the only one to blame. In some cases, they may even try to suggest that you were partially at fault for what happened. Knowing what to expect can help you prepare for the road ahead. An experienced attorney can anticipate these defenses and build a strong case to counter them, ensuring your story is heard and your rights are protected.
Claiming the Crime Was Unforeseeable
One of the first arguments a business may make is that the crime was completely unforeseeable. They’ll claim they had no reason to believe such an incident could occur on their property, so they had no duty to implement stronger security. However, foreseeability isn’t just about predicting a specific crime. It’s about whether the business knew or should have known about risks, like previous crimes in the area or ongoing hazardous conditions on their property that could attract criminal activity. Our job is to investigate the property’s history and the surrounding area to demonstrate that the danger was, in fact, predictable.
Arguing Their Security Was “Good Enough”
A property owner might also defend themselves by claiming their security measures were “reasonable” under the circumstances. They will point to any security they had—a single camera, a standard lock on a door, or occasional patrols—and argue it was sufficient. But the definition of “reasonable” depends entirely on the situation. The security needed for a large apartment complex in a high-crime area is very different from what’s needed for a small shop in a quiet neighborhood. We work to show that their efforts fell short of what was truly necessary to keep you safe.
Shifting Blame to the Attacker
Another common tactic is to shift all the blame onto the criminal. The business will argue that the attacker is the only person responsible for your injuries. While the perpetrator is certainly at fault for their criminal actions, this defense ignores the property owner’s legal duty to protect visitors from harm. A claim for inadequate security isn’t about excusing the criminal; it’s about holding the property owner accountable for creating an environment where that crime was easier to commit. We make sure the court understands this critical distinction.
Suggesting You Were Partially at Fault
In a particularly frustrating defense, the property owner’s legal team may try to blame you for what happened. They might suggest you were distracted, in an area you shouldn’t have been, or otherwise acted carelessly. This is a strategy known as comparative negligence, and its goal is to reduce the amount of compensation they have to pay. A skilled personal injury attorney can fight back against these unfair accusations and keep the focus where it belongs: on the property owner’s failure to provide a safe environment.
What Compensation Can You Recover?
After being injured because of poor security, your focus should be on healing. But the financial and emotional burdens can be overwhelming. The goal of a negligent security claim is to recover compensation, legally known as “damages,” to cover the full scope of your losses. This isn’t just about paying bills; it’s about providing the resources you need to rebuild and move forward. The law recognizes that the harm you’ve suffered goes beyond what can be seen on a medical invoice, and a successful claim accounts for the physical, financial, and emotional toll of the incident.
Medical Bills and Future Care Costs
The most immediate financial strain after an injury is often the cost of medical care. You have the right to seek compensation for every related medical expense, from the initial ambulance ride and emergency room visit to hospital stays and surgeries. This also includes ongoing treatments like physical therapy, prescription medications, counseling, and any specialized equipment you might need. Importantly, compensation can cover the estimated cost of future medical care, ensuring you won’t be left paying out-of-pocket for long-term needs that arise from your personal injury.
Lost Income and Impact on Future Earnings
An injury can directly impact your ability to work and provide for your family. You can recover compensation for the wages you lost while taking time off to recover. But what if your injuries have a lasting effect on your career? If you are unable to return to your previous job or your capacity to earn a living has been diminished, you can also seek damages for “loss of earning capacity.” This helps secure your financial future when someone else’s failure to provide a safe environment has put it in jeopardy. These are key considerations in any premises liability case.
Pain and Suffering
Some of the deepest wounds from an attack are not financial. “Pain and suffering” is the legal term for the significant physical and emotional hardship you endure because of your injuries. This includes the actual physical pain from the injury itself, as well as the broader emotional distress that follows, such as chronic anxiety, depression, insomnia, or post-traumatic stress disorder (PTSD). While no dollar amount can undo this trauma, compensation for pain and suffering acknowledges the profound personal impact the incident has had on your quality of life and well-being.
Emotional Distress and Punitive Damages
Emotional distress is a specific type of compensation that addresses the psychological trauma, fear, and anguish you experienced during and after the incident. In some rare cases, you may also be able to recover punitive damages. Unlike other forms of compensation that are meant to cover your losses, punitive damages are intended to punish the property owner for extreme or malicious negligence. They are awarded when the defendant’s conduct was so reckless that it deserves a penalty, sending a clear message that such a severe lack of care will not be tolerated. This is a powerful tool for holding businesses accountable for cases of inadequate security.
Key Evidence for a Strong Negligent Security Case
When you’re trying to hold a property owner accountable, the strength of your case often comes down to the quality of your evidence. It’s not just about what happened; it’s about what you can prove. Gathering the right documents, photos, and statements is a critical step in showing that a business’s lack of security led directly to your injuries. Think of these items as the building blocks of your claim. Each piece helps paint a clear picture of the circumstances and demonstrates why the property owner should be held responsible. Let’s walk through the key pieces of evidence that can make all the difference in a premises liability case.
Photos, Videos, and Incident Reports
Visual evidence is incredibly powerful. If you are able, take photos and videos of the scene as soon as possible after the incident. Capture details like broken locks, malfunctioning gates, poor lighting in a parking lot, or overgrown bushes where an attacker could hide. Don’t forget to photograph your injuries as well. Many businesses have security cameras, and the footage from these can be crucial. It’s important to act fast, as businesses often delete recordings after a certain period. You should also ask for a copy of any incident report you filed with the business or property management, as this document officially records your account of what happened.
Witness Accounts and Expert Opinions
What other people saw can significantly strengthen your case. If anyone witnessed the incident or the conditions that led to it, try to get their name and contact information. Their testimony can confirm your version of events and provide an objective perspective. Beyond eyewitnesses, the opinion of a security expert can be a game-changer. An expert can assess the property and testify about industry-standard security practices, explaining how the business failed to meet them. This professional analysis helps show a judge or jury that the lack of security was unreasonable and created a dangerous environment, which is a core part of any personal injury claim.
Police Reports and Medical Records
Official documents provide a factual backbone for your claim. A police report creates an official, unbiased record of the incident, including the date, time, location, and a summary of what occurred. It’s one of the first things an insurance company or lawyer will ask for. Just as important are your medical records. These documents create a direct, undeniable link between the incident and your injuries. They detail the extent of the harm you suffered, the treatments you needed, and the costs you’ve incurred. This is how you prove your damages and show the real-world impact the security failure had on your life. Keeping these records organized is a vital step, and we can help you contact us to get started.
A Property’s History of Prior Incidents
A key part of a negligent security case is proving the crime was “foreseeable.” This means showing the property owner knew, or should have known, that a dangerous situation could occur. One of the best ways to do this is by uncovering a history of similar crimes on or near the property. If there have been previous assaults, robberies, or break-ins in the same apartment complex or shopping center, it strengthens the argument that the owner was on notice of the risks. An experienced attorney can investigate this by pulling public police records for the address and interviewing other tenants or employees to establish a pattern of inadequate security and owner negligence.
Your First Steps After an Incident
The moments after an assault or injury due to a security failure can feel chaotic and overwhelming. It’s completely understandable to be shaken and unsure of what to do. However, the actions you take immediately following the incident are critical for both your well-being and your ability to hold the responsible parties accountable. By focusing on a few key steps, you can protect your health and preserve your legal rights.
Prioritize Your Health and Safety
Before anything else, your top priority is your health. See a doctor as soon as possible, even if you think your injuries are minor. Some injuries aren’t immediately obvious, and seeking prompt medical attention ensures you get the care you need. From a legal standpoint, this step is just as crucial. A doctor’s visit creates an official medical record that documents your injuries, their cause, and the required treatment. This documentation becomes essential evidence that directly links the incident to the harm you suffered, forming a cornerstone of any future personal injury claim.
Document Everything and Preserve Evidence
While your memory is still fresh, write down everything you can recall about the incident: the date, time, location, and a detailed sequence of events. If you can, use your phone to take photos and videos of the scene. Capture the specific conditions that contributed to the event, like poor lighting, broken locks, or a lack of security cameras. If anyone witnessed what happened, ask for their contact information. Their statements can be incredibly valuable. Also, be sure to get a copy of any official police report. This evidence is vital for building a strong premises liability case.
Be Aware of Filing Deadlines (Statute of Limitations)
In Arizona, there is a legal time limit for filing a lawsuit, known as the statute of limitations. For most personal injury cases, you have two years from the date of the injury to file a claim. While that might sound like a lot of time, it can pass quickly when you’re focused on recovery. If you miss this deadline, the court will likely dismiss your case, and you will lose your right to seek compensation forever. That’s why it’s so important to act promptly. If you have questions about your specific situation, it’s always best to contact an attorney sooner rather than later.
Why You Should Speak with a Premises Liability Attorney
After a traumatic event, the thought of a legal battle can feel overwhelming. But you don’t have to face it alone. Businesses and their insurance companies have teams of lawyers dedicated to protecting their bottom line. Having an experienced legal advocate on your side levels the playing field and ensures your rights are protected from the very beginning. A dedicated attorney handles the complex legal work, from gathering evidence to negotiating with insurers, so you can focus on what truly matters: your recovery. We’re here to be your voice and fight for the justice you deserve.
The Advantage of Experienced Legal Guidance
Businesses have a legal responsibility to provide a safe environment for customers and visitors. When they fail, and someone gets hurt, the laws surrounding premises liability can hold them accountable. These cases are complex, but an attorney who specializes in this area understands exactly what’s needed to build a strong claim. We know the tactics property owners use to avoid responsibility and how to counter them effectively. Having an expert in your corner means you have a guide who can explain your options clearly and work tirelessly to secure the best possible outcome for you and your family.
How We Investigate and Build Your Case
To successfully hold a property owner responsible, we need to prove they were negligent. Our team gets to work immediately, conducting a thorough investigation into the incident. This involves showing that the business had a duty to keep you safe, failed to meet that duty, and that this failure directly caused your injuries. We gather crucial evidence, including police reports, medical records, photos or videos of the scene, and statements from any witnesses. We may also consult with security experts to establish how the property owner fell short of their obligations and build a powerful case on your behalf.
How AZ Law Now Fights for Victims of Inadequate Security
Property owners often try to argue that a crime was unforeseeable or that their security measures were adequate. We anticipate these defenses and prepare for them from day one. Our team investigates the property’s history, looking for prior incidents or complaints that should have warned the owner of potential dangers. By proving the risk was predictable, we can dismantle their arguments and demonstrate their negligence. Our goal is to hold careless property owners accountable and secure the compensation you need to move forward. A successful personal injury claim can help cover your medical bills, lost income, and the personal suffering you’ve endured.
Related Articles
- Inadequate Security Claims | Arizona Premises Liability Lawyer
- Negligent Security Lawsuits: A Complete Guide – AZ Law Now Injury Attorneys
- Premises Liability Case Examples Explained
- Premises Liability vs. Negligence: What’s the Difference?
Frequently Asked Questions
Can I still have a case if the person who attacked me was never caught? Yes, absolutely. A negligent security claim is not against the person who committed the crime; it’s against the property owner whose failure to provide a safe environment made that crime possible. The focus is on the owner’s carelessness—like failing to fix broken locks or install proper lighting. The fact that the attacker hasn’t been identified doesn’t change the property owner’s responsibility to you.
What if the property owner fixed the security issue right after I was injured? This is a common scenario, and it does not ruin your case. The key is that the dangerous condition existed at the time you were harmed. The owner’s actions after the fact don’t erase their prior negligence. In fact, making repairs can sometimes be interpreted as an acknowledgment that a problem existed in the first place. Our focus remains on proving that their failure to act sooner is what led to your injury.
My landlord says I’m responsible for my own safety. Is that right? While everyone should take reasonable precautions for their own safety, that statement is misleading. Your landlord has a legal duty to maintain safe common areas, such as parking lots, lobbies, stairwells, and laundry rooms. They are responsible for addressing known hazards, like broken security gates or a history of crime on the property. They can’t simply shift that entire legal responsibility onto their tenants.
What if I was partially at fault? For example, I was looking at my phone when the attack happened. This is a concern many people have, but it shouldn’t stop you from seeking help. Arizona law follows a “comparative negligence” rule. This means that even if you are found to be partially responsible for what happened, you can still recover compensation. The amount you receive would simply be reduced by your percentage of fault. A property owner’s duty to provide a safe environment doesn’t disappear just because a visitor is momentarily distracted.
How much does it cost to hire an attorney for a negligent security case? We handle these cases on a contingency fee basis. This means you pay absolutely nothing upfront. We cover all the costs of investigating and building your case. We only get paid a percentage of the compensation we recover for you, and only if we win. If we don’t win your case, you don’t owe us a fee. This allows you to get expert legal help without any financial risk.