When someone steps onto another’s property, there’s an unspoken expectation that the property is safe, or at least that the owner has taken reasonable steps to protect visitors. That expectation lies at the heart of negligent security. As a Raleigh, NC personal injury attorney, we often explain to clients what negligent security means, when it arises, and how it can lead to serious injury claims.
Defining Negligent Security
When arguing these claims, it is important to understand the kinds of negligence and/or liability at play in the case. Negligent security is a type of premises liability: it occurs when a property owner (or occupier) fails to provide sufficient protective measures, and that failure allows a foreseeable violent act (like assault, robbery, or intrusion) to occur, causing injury. A crime or harmful act by a third party is involved, but liability arises because the property’s lack of security helped make it possible.
Unlike slip‑and‑fall or hazardous condition claims (where the danger is in the property or its maintenance), negligent security claims deal with persons harming persons on the premises, with the key question being whether the property owner failed to anticipate or guard against that risk.
Common Security Failures That Open The Door To Liability
Here are examples of security shortcomings that frequently arise in negligent security claims:
- Poor or inadequate lighting in parking lots, garages, hallways, or walkways
- Broken or nonfunctioning security cameras, alarm systems, or locks
- Lack of security personnel in areas where their presence would deter crime
- Inattention or inadequate training of security guards
- Overgrown landscaping or obstructions that create hiding places
- Poor access control (doors left open, unsecured gates, broken entry systems)
- Failure to monitor or respond to suspicious activity
One review of negligent security claims notes that inadequate or irresponsible staffing, improperly maintained equipment, and poor lighting are common red flags. When proving negligence in personal injury cases, making note of environmental factors that could’ve directly affected the outcome of the incident is paramount.
In Raleigh and North Carolina more broadly, courts and practitioners expect owners of hotels, apartment complexes, retail centers, parking lots, and similar venues to reasonably monitor risks.
When Negligent Security Leads To Personal Injury
When security fails in the ways described, visitors can become victims of assault, robbery, battery, rape, or other violent crime. These are not just property disputes, they lead to physical injury, emotional trauma, and financial loss. The victim can bring a personal injury claim against the property owner (or manager) under the negligent security theory.
Because of the criminal-act element, these cases can be especially challenging: defendants often argue the violence was unforeseeable or that no security measure could reliably have prevented it. That’s why gathering evidence of prior incidents, crime reports, testimony about security standards, and documentation of the property’s security deficiencies is crucial in building the case.
Why You Need An Attorney With Trial Experience
Personal injury suits are complex and require a thorough and dedicated lawyer. We have trial experience and the verdicts to show our dedication to our clients. For example, when Burton Law Firm served as litigation and trial counsel in a personal injury case that resulted in a $500,000 jury award, our client benefited from a lawyer familiar with handling jury trials. In addition to that verdict, when we were retained to represent a Raleigh, North Carolina man for his personal injury case, our work led to a $100,000 settlement.
If you believe you have been injured because of negligent security, we are ready to advocate for you. At Burton Law Firm we combine experience in litigation and negotiation to help clients seek justice and compensation. Contact us today to get your case started!