Frequently Asked Questions about Negligent Security

Q: What is negligent security?

A: Negligent security is a type of premises liability claim in which a person injured by a third-party attack while on another person's property seeks recovery for his or her injuries from the property owner. Landlords, business owners, universities and colleges, commercial and residential property owners, and others in possession or ownership of property may be found liable for negligent security.

Q: What kinds of claims are negligent security claims?

A: Historically, negligent security claims were largely brought by people physically attacked while on another person's property, such as tenants of apartment buildings, students assaulted on campus, customers injured while shopping at a mall or workers injured by other co-workers, for example. Now, the theory of negligent security claims may be expanded to include victims of terrorist attacks, identity theft and other cyberspace crimes.

Q: Can a landlord be held responsible if a tenant is attacked in his or her apartment?

A: Possibly. In most states, if the attack was foreseeable, landlords owe a duty to their tenants to take reasonable steps to protect against harm. Generally a landlord's duty extends only to the common areas, like parking facilities or shared hallways. If the attack happens within the tenant's dwelling, it is less certain if the landlord can be held liable for negligent security. Also, a landlord's liability may be limited if it can be shown that the tenant's own negligence is at least partially the cause of the attack.

Q: If a student is assaulted on campus, can the university be held liable for the attack?

A: Possibly. Many states have found that universities owe a duty to their students to protect them from foreseeable harm. If the university failed to take reasonable measures to protect its students, the university may have to compensate the student for his or her injury. The court will focus on where the attack took place and whether the attack was foreseeable. For example, a university may not be responsible for an attack on a student at a fraternity house party, even though the fraternity house is owned by the university, because the party was not a university-sponsored event.

Q: What duty does a landlord have regarding securing his or her property?

A: Most states recognize that a landlord owes a duty to its tenants to take reasonable steps to protect against foreseeable dangers. This does not mean the landlord must do everything possible to protect tenants from every possible type of danger. Neither does it mean that the landlord is the guarantor of its tenants' safety. Generally, a landlord is required to take reasonable measures to protect the common areas shared by the tenants, such as parking lots, hallways, entrances and exits.

Q: What types of measures are considered "reasonable" to deter an attack?

A: In many states, the court will use a balancing test to determine what is a reasonable according to the facts of the specific case. The court will weigh the likelihood of an attack and the potential for harm against the burden imposed on the property owner to provide the protection. Reasonable protection may include something as minor as a security camera or fence or something as expensive as hiring a security contractor and providing on-site security guards. The determination of reasonableness will be made on a case-by-case basis.

Q: What defenses are used by landlords to defend against a negligent security claim?

A: Landlords may claim that no duty existed between them and the injured party, like if the injured person was a trespasser on the property. Landlords may claim that the injured party's own negligence led to the injury. Landlords could claim that there were no reasonable measures available that could have deterred this type of criminal from attacking. Landlords also may argue that the measures they took were reasonable and that the attack was not foreseeable. Landlords can claim that the attacker is solely responsible for the injury. Available defenses vary by jurisdiction, so you will want to speak with an attorney in your area for specific advice.

Q: Is there a negligent security claim available in cases of identity theft?

A: There may be. In order to prove negligent security in cases of identity theft, it must be shown that the party storing your personal information owed you a duty to use reasonable measures to protect that information; the duty was breached; the breach caused you compensable harm; and if it weren't for the breach of duty, the harm would not have occurred.

Q: If a co-worker attacks another co-worker at work, can the employer be held responsible for the attack?

A: Yes. Recovery against the employer may be limited by workers' compensation laws, but the employer can be held liable in cases of co-workers attacking other co-workers under a negligent security claim. Employers also have been held liable for attacks on visitors to the place of employment and domestic violence attacks on workers by spouses or significant others at work. Available claims can vary by jurisdiction, so it is best to consult an attorney about available claims in your state.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.