Recovering Damages From Negligent Security in Owasso, OK
These cases combine premises liability with criminal conduct by third parties. The case targets the property owner, not the attacker. The case is against the property owner who failed to provide adequate security. These cases operate under specific legal doctrines. 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 core question in negligent security involves owner responsibility for criminal acts of others.
The general principle is no liability.
Specific exceptions provide liability paths.
The Foreseeability Doctrine
This is the foundational doctrine.
These cases require foreseeability of the criminal act.
Foreseeability requires prior crime evidence.
Special Relationships
Certain relationships create elevated duties for security:
- Property owners to tenants
- Hotels to guests
- Common carrier-passenger relationships
- Business-business invitee relationships
How Foreseeability Gets Established
Prior Crime on the Property
Previous criminal activity on the property provides the strongest foreseeability evidence.
Prior crime evidence should include:
- Crimes documented at the property
- Law enforcement records
- Complaints to the owner
- Security incident reports
Crime in the Surrounding Area
Crime in the surrounding area can establish foreseeability when the surrounding area has documented crime.
Area crime evidence sources include:
- Police-published crime data
- Crime mapping services
- Community crime documentation
Property Owner’s Knowledge
Direct evidence of the property owner’s awareness can establish foreseeability:
- Internal security reports the owner received
- Resident complaints
- Owner statements
- 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
- Apartment complexes
- Crime-area hotels
- Parking facilities
- Financial facilities
- Convenience stores in dangerous locations
Types of Negligent Security Cases
Robbery and Theft
Robbery incidents.
Assault and Battery
Assault incidents.
Sexual Assault
Sexual assault in hotels, apartment complexes, garages, and other premises.
These are particularly serious cases.
Shooting Incidents
Gun violence incidents involve specific issues.
Mass Shooting and Active Shooter Incidents
Mass casualty events may create negligent security liability.
Apartment Complex Violence
Multi-family housing crime drives many cases.
Hotel Crime
Lodging-related crime can support negligent security claims.
Parking Lot and Garage Incidents
Parking facility crime is a recurring case category.
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
Proper lighting.
Poor lighting drives many security failures.
Surveillance Cameras
Operational camera coverage.
Cameras must function:
- Properly positioned to cover risk areas
- Operational
- Maintained
- Actively monitored where applicable
Security Personnel
On-site security, particularly for risk-elevated properties.
Access Control
Entry restrictions.
Locking Systems
Working locks.
Communication Systems
Emergency communications, including alarm systems.
Landscaping and Maintenance
Landscaping that doesn’t create concealment opportunities.
Policies and Training
Security procedures, Training programs, Response procedures.
Common Security Failures
Inadequate Lighting
Inadequate lighting for criminals.
Broken or Non-Functional Cameras
Non-functional cameras provide no security benefit.
Inadequate Security Personnel
Insufficient security staff given the actual risk profile.
Failure to Implement Recommended Security
Property owners who received security assessments but failed to implement recommendations may face punitive damages.
Failed Access Controls
Broken access controls.
Untrained Security Staff
Untrained security personnel.
Ignored Complaints
Property owners who received complaints about crime but failed to respond face heightened liability.
Damages in Negligent Security Cases
Compensation in these cases include:
Medical Costs
Emergency and trauma care, Operating costs, Inpatient care, Rehabilitation costs, ongoing medical care, Psychological care.
Lost Wages and Earning Capacity
Past and future income loss and reduced earning ability.
Pain and Suffering
Pain and suffering damages.
Mental Health Damages
Mental health damages drive significant damages.
Loss of Enjoyment of Life
Daily life impacts.
Loss of Consortium
Relationship effects.
Wrongful Death
For fatal cases.
Punitive Damages
Exemplary damages are particularly common, especially where:
- Owner-known criminal pattern
- Property owner received and ignored security recommendations
- Security personnel failure
- Reckless disregard for safety
Who Can Be Held Liable?
Property Owner
Owners are primary defendants.
Property Management Company
Property managers may share fault.
Security Company
Companies contracted to provide security can face direct liability for inadequate security.
Premises Owners and Operators
Owners and operators can share liability.
Franchisors
For franchised establishments (hotels, restaurants, etc.), franchisors may face liability in some circumstances.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
The primary defense.
Defense argues the criminal act was unforeseeable. Documentation of prior crime defeats this defense.
“We Provided Reasonable Security”
Defense argues the security provided was reasonable.
“Security Failures Didn’t Cause the Crime”
“Better security wouldn’t have prevented this”.
“The Plaintiff Was at Fault”
Plaintiff conduct defenses.
“The Criminal Is Solely Responsible”
Sole-criminal-responsibility arguments. This argument generally fails because liability can rest on the property owner regardless of the criminal’s responsibility.
Critical Steps After a Negligent Security Incident
Report to Law Enforcement
Make sure police are called. Police reports are essential.
Get Medical Attention Immediately
Prompt medical evaluation protects the claim.
Document Everything About the Property
Comprehensive property documentation.
Note Security Failures Observed
Security deficiencies.
Photograph the Property
Visual evidence of every relevant detail.
Identify Witnesses
Bystanders.
Don’t Wait to Investigate Crime History
Prior crime evidence require investigation.
Get Mental Health Treatment
Mental health care often require significant treatment.
Don’t Speak With Property Owner Insurers Without Counsel
Property owner insurers contact quickly. Statements without counsel can permanently damage the case.
Attorney Costs
Negligent security attorneys earn fees only on recovery. Specialty expertise costs advanced by the firm.
Move Quickly
These cases require quick action.
Surveillance footage gets overwritten quickly.
Security personnel may leave employment requiring prompt investigation.
Property owners often change security after incidents, providing evidence of prior inadequacy.
The legal time limit continues running.
Engaging counsel right away positions the case for the substantial recovery these cases can produce when properly built.