If you were injured due to inadequate security measures on someone else's property, you may have the right to pursue a negligent security claim. Property owners have a legal duty to provide reasonable security measures to protect visitors from possible crimes, danger, and harm. The experienced negligent security attorneys at Peterson Law Firm help victims navigate these cases, which must typically be filed within Missouri's five-year statute of limitations for personal injury claims. Here, we discuss the types of injuries caused by negligent security measures and your legal options when you’re hurt.

Victim Injuries From Common Security Failures

Businesses, apartment owners, and property owners must implement appropriate security measures based on their location, type of business, and risk factors. When they fail to provide adequate security, visitors to the property can be injured. Our negligent security attorneys often see cases involving the following types of security failures:

• Non-working, broken, or faulty locks and security systems. The building where you visit should have secure access points. All door locks, windows, alarm systems, and key card machines should be in good working order. When these entry points are compromised in any way, it allows unauthorized people access to the building, and there’s a higher risk of crime.
• Insufficient lighting. It’s possible that the building you’re visiting has a parking lot, hallway, entrance, or stairwell that is dark and potentially dangerous—a perfect spot for a criminal to hide. It’s important that property owners maintain adequate lighting in these areas, so visitors are safe and there is less opportunity for crime.
• Inadequate number of security employees. There are places of business that are considered a higher risk for visitors, including casinos, hotels, nightclubs, shopping malls, colleges and universities, and bars. Due to the number of people that enter these businesses or use these properties, they have a higher level of criminal activity, and they require the proper amount of trained security guards who have the preparation, education, and instruction to handle high-volume activity.
• Inadequate screening protocols. Apartments, condominiums, and office buildings should have standard rules and methods to verify the identity of visitors before they’re allowed access to the property.
• Broken or insufficient number of security cameras. A security camera can’t guarantee a visitor’s safety, and they may not prevent criminal activity, but having one on the property can act as a deterrent. A security camera can also provide footage that might help identify a criminal if an incident happens on the property. 

What to Know About Your Negligent Security Personal Injury Claim

When you’re injured on someone else’s property and want to seek compensation, your case will fall under Missouri premises liability law, which holds property owners accountable for maintaining safe conditions. Business owners, property managers, and landlords have a legal responsibility to provide adequate security measures to protect visitors from potential criminal activity. If the property owner neglects this duty and you suffer harm as a result, you may have grounds for a negligent security claim. To have a successful personal injury claim, you must prove the following elements:

• Duty of care. The property owner had a legal obligation to provide security for visitors on the premises. This duty may vary based on the type of property, the location of the property, and any history of crime in the area.
• Breach of duty. The property owner failed to provide adequate security measures that a reasonable person would have implemented on similar types of property.
• Causation. The inadequate security directly contributed to your injuries. Without the security failure, the crime likely would not have occurred or would have been prevented.
• Damages. You must have suffered actual harm, whether physical injuries, emotional distress, or financial losses.

Negligence and Foreseeable Harm

According to premises liability law in Kansas City, it is the responsibility of the property owner to maintain a safe environment for visitors and protect them from “foreseeable harm.”  

A different duty of care may be owed to different types of visitors depending on their status—the lowest duty of care would be owed to a trespasser with the lowest duty of care owed. However, regardless of this status, the property owner can be absolved of liability if they can argue against “foreseeability of harm.” For your claim to be successful, you must show that the criminal activity that harmed you must have been reasonably foreseeable. Here are some examples:

• Similar incidents occurred previously on or near the property, and the owner knew that such crimes could occur again.  
• Reports have been made by other visitors about insufficient lighting, hazards, lack of security cameras, and/or broken locks.
• Slip and falls have occurred before due to uneven sidewalks or slippery surfaces due to a leaky roof.

Foreseeability is critical when you’re establishing causation. If the property owner could not reasonably foresee that their actions or inaction would cause harm, they may not be considered the cause of the injury. 

Examples of Foreseeable Harm

Here are some examples of what might be considered foreseeable:

• A step and a handrail in one of the stairwells are both broken for months, and a visitor falls due to both
• A manhole is left uncovered, and a visitor falls through it
• Electrical wiring is left exposed, and someone steps on it or touches it
• The security camera in a parking garage is broken, and a third visitor is assaulted in that area

Examples When Harm Is Not Foreseeable

The property owner will likely argue that the harm was not foreseeable. Here are some examples of when a property owner may not reasonably anticipate potential risks that could cause harm to their visitors:  

• A natural disaster. A hurricane, tornado, flood, or snowstorm that contributes to the harm caused to you may fall outside the scope of foreseeability. Unless the property is located in an area where these types of natural disasters are common, the property owner may not be held liable for your injuries.  
• Poor behavior of other visitors. Sometimes, the unexpected or reckless behavior of other visitors can lead to injuries that were not foreseeable to the property owner or occupier. For example, if a visitor in a casino suddenly acts out, causing harm to another visitor, the property owner may not be held liable for these unforeseeable actions unless they could have anticipated and prevented the incident in any way.  

Why You Need a Negligent Security Attorney

Of all the premises liability cases, negligent security claims are some of the most challenging to litigate. These cases require special knowledge and resources that many general practice attorneys don't have. Here's why working with our experienced Kansas City negligent security attorneys is crucial:

Investigation Skills

We conduct thorough investigations, gathering evidence about security measures, prior criminal incidents, industry standards, and property owner knowledge that ordinary people might miss.

Expert Contacts

Our firm works with qualified security professionals who can testify about industry standards and explain how proper security measures could have prevented your injuries.

Communication Proficiency

Our attorneys have the skills and know-how to communicate effectively with insurance companies. We understand the tactics used by property owners and their insurers, and we understand how to fight their aggressive strategies.

Knowledge of Liability Issues

There may be multiple parties who share responsibility for your injuries. Other than the property owner, they can include security firms, management companies, and construction groups who may not have fixed broken equipment properly. We identify all potentially liable parties to maximize your recovery.

Knowledge of Security Requirements

Technology changes quickly, and security best practices evolve. Our attorneys stay up to date with industry standards to effectively argue what measures should have been in place.

Negligent Security Injuries: Types of Compensation

If you've been injured on someone else’s property because there was inadequate security, Missouri law allows you to seek various types of compensation, including the following:

• Medical expenses for emergency care, hospitalization, surgeries, medication, physical therapy, and ongoing treatment
• Lost wages for time missed from work due to injuries
• Loss of future earning capacity if your injuries prevent you from returning to your previous occupation
• Pain and suffering for physical discomfort and emotional distress
• Mental anguish, including anxiety, depression, and post-traumatic stress disorder (PTSD)
• Loss of enjoyment of life if your injuries prevent you from participating in activities you previously enjoyed
• Property damage for personal belongings damaged or stolen during the incident