Recovering Damages From Negligent Security in Bartlesville, OK
These cases combine premises liability with criminal conduct by third parties. The injury was caused by a criminal — but the case isn’t against the criminal. The property owner who created the conditions allowing the attack is the defendant. This is its own area of law. A local attorney experienced with these claims brings expertise in this specialized corner of premises liability.
Why These Cases Are Legally Distinctive
Holding the Property Owner Responsible for Criminal Acts of Others
The central legal issue is whether property owners can be liable for criminal acts committed by third parties.
The general principle is no liability.
But several theories create exceptions.
The Foreseeability Doctrine
The central legal concept in negligent security.
Owner liability attaches when the criminal act was foreseeable.
Foreseeability requires prior similar criminal activity.
Special Relationships
Certain relationships create elevated duties regarding security:
- Property owners to tenants
- Hotels to guests
- Common carrier-passenger relationships
- Businesses to customers
How Foreseeability Gets Established
Prior Crime on the Property
Previous criminal activity on the property establishes foreseeability directly.
Prior crime evidence should include:
- Crimes documented at the property
- Police documentation
- Complaints to the owner
- Property security reports
Crime in the Surrounding Area
Crime in the surrounding area can establish foreseeability when the property’s location demonstrates risk.
Sources for area crime data include:
- Police-published crime data
- Online crime mapping
- Neighborhood crime reports
Property Owner’s Knowledge
Direct evidence of the property owner’s awareness can establish foreseeability:
- Internal security reports the owner received
- Complaints from tenants or customers
- Owner admissions
- Insurance underwriting documents identifying risk
Inherent Nature of the Property
Some properties have inherently elevated security risks:
- Bars and nightclubs
- High-volume retail in late hours
- Multi-family housing
- Hotels in known crime areas
- Parking lots and parking garages
- ATM and bank locations
- Risk-area convenience stores
Types of Negligent Security Cases
Robbery and Theft
Theft and robbery cases.
Assault and Battery
Physical assault cases.
Sexual Assault
Sexual victimization.
These are among the most devastating negligent security cases.
Shooting Incidents
Shootings at bars, nightclubs, parking lots, retail establishments present specific challenges.
Mass Shooting and Active Shooter Incidents
Active shooter incidents generate negligent security claims.
Apartment Complex Violence
Apartment-related crime is a major negligent security category.
Hotel Crime
Hotel-related violence and theft can support negligent security claims.
Parking Lot and Garage Incidents
Parking lot and garage crime generates significant case volume.
Workplace Violence
Workplace violence where premises owners failed to provide security.
What Adequate Security Actually Looks Like
Adequate security depends on the property and the specific risk profile.
Elements of adequate security typically include:
Lighting
Lighting infrastructure.
Inadequate lighting is a frequent contributing cause.
Surveillance Cameras
Working camera systems.
Adequate cameras require:
- Strategically placed
- Operational
- Kept in working order
- Monitored where appropriate
Security Personnel
Security guards or personnel, particularly for high-risk properties.
Access Control
Entry restrictions.
Locking Systems
Working locks.
Communication Systems
Working emergency communication systems, including emergency phones.
Landscaping and Maintenance
Proper landscaping.
Policies and Training
Documented policies, Security training, Crisis protocols.
Common Security Failures
Inadequate Lighting
Inadequate lighting facilitates crime.
Broken or Non-Functional Cameras
Non-functional cameras don’t deter crime.
Inadequate Security Personnel
Insufficient personnel for the property’s risk level.
Failure to Implement Recommended Security
Recommendation failures face heightened liability.
Failed Access Controls
Broken access controls.
Untrained Security Staff
Inadequate training.
Ignored Complaints
Property owners who received complaints about crime but failed to respond carry greater exposure.
Damages in Negligent Security Cases
Compensation in these cases include:
Medical Costs
Initial emergency treatment, Operating costs, Hospital stays, Rehabilitation costs, Continuing care, mental health treatment (often substantial).
Lost Wages and Earning Capacity
Past and future income loss and reduced earning ability.
Pain and Suffering
Pain damages.
Mental Health Damages
Mental health damages generate major damages.
Loss of Enjoyment of Life
Loss of enjoyment.
Loss of Consortium
Relationship effects.
Wrongful Death
Wrongful death claims.
Punitive Damages
Punitive damages are particularly available, especially where:
- Owner knowledge with failure to act
- Property owner received and ignored security recommendations
- Security personnel failure
- Property owner’s conduct showed reckless disregard for safety
Who Can Be Held Liable?
Property Owner
Owners are primary defendants.
Property Management Company
Property management companies can share liability.
Security Company
Security service providers carry direct liability for service deficiencies.
Premises Owners and Operators
Owners and operators can share liability.
Franchisors
For franchised establishments (hotels, restaurants, etc.), brand owners may share fault.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
Defense’s main argument.
Defense argues the criminal act was unforeseeable. Comprehensive prior-crime evidence defeats this defense.
“We Provided Reasonable Security”
“We had adequate security”.
“Security Failures Didn’t Cause the Crime”
“Better security wouldn’t have prevented this”.
“The Plaintiff Was at Fault”
“You contributed to your own harm”.
“The Criminal Is Solely Responsible”
Sole-criminal-responsibility arguments. Property owners can be liable alongside criminals.
Critical Steps After a Negligent Security Incident
Report to Law Enforcement
Don’t accept informal handling. Crime reports are critical.
Get Medical Attention Immediately
Quick medical attention is essential.
Document Everything About the Property
Property-related details.
Note Security Failures Observed
Specific security failures observed before, during, or after the incident.
Photograph the Property
Comprehensive property documentation.
Identify Witnesses
Bystanders.
Don’t Wait to Investigate Crime History
Crime statistics for the area and prior crime on the property require investigation.
Get Mental Health Treatment
Mental health care require professional care.
Don’t Speak With Property Owner Insurers Without Counsel
Adjusters reach out fast. Recorded statements before legal advice create problematic admissions.
Attorney Costs
Lawyers experienced with negligent security earn fees only on recovery. Specialty expertise costs paid by counsel.
Move Quickly
These cases require quick action.
Surveillance footage gets overwritten quickly.
Security personnel may leave employment making them harder to locate.
Owners typically upgrade security, providing evidence of prior inadequacy.
Filing deadlines applies regardless.
Getting an attorney involved promptly positions the case for the substantial recovery these cases can produce when properly built.