Compensation for Inadequate Security Injuries in Collinsville, OK
Negligent security is a specialized form of premises liability. The injury was caused by a criminal — but the case isn’t against the criminal. The case is against the property owner who failed to provide adequate security. This is its own area of law. A local attorney experienced with these claims builds these cases around the actual legal framework.
Why These Cases Are Legally Distinctive
Holding the Property Owner Responsible for Criminal Acts of Others
The core question in negligent security is whether property owners can be liable for criminal acts committed by third parties.
General rule: property owners generally aren’t liable for criminal acts of third parties.
Multiple exceptions apply.
The Foreseeability Doctrine
The central legal concept in negligent security.
These cases require foreseeability of the criminal act.
Foreseeability is shown through evidence of prior similar incidents.
Special Relationships
Certain relationships create elevated duties for security:
- Property owners to tenants
- Hotels to guests
- Carriers to passengers
- Establishments to customers
How Foreseeability Gets Established
Prior Crime on the Property
Prior incidents on the premises establishes foreseeability directly.
Evidence of prior crimes should include:
- Specific crime reports involving the property
- Police documentation
- Complaints to the owner
- Property security reports
Crime in the Surrounding Area
Area crime statistics can establish foreseeability when the surrounding area has documented crime.
Sources for area crime data include:
- Police crime statistics
- Crime data services
- Neighborhood crime reports
Property Owner’s Knowledge
Evidence the owner knew about crime can establish foreseeability:
- Reports received by the owner
- Complaints from tenants or customers
- The owner’s own statements or admissions
- Insurance underwriting documents identifying risk
Inherent Nature of the Property
Some properties have inherently elevated security risks:
- Bars and clubs
- High-volume retail in late hours
- Multi-family housing
- Hotels in high-risk areas
- Parking lots and parking garages
- Financial facilities
- Risk-area convenience stores
Types of Negligent Security Cases
Robbery and Theft
Robbery incidents.
Assault and Battery
Physical assault cases.
Sexual Assault
Sexual assault cases.
These are particularly serious cases.
Shooting Incidents
Gun violence incidents involve specific issues.
Mass Shooting and Active Shooter Incidents
Mass casualty events generate negligent security claims.
Apartment Complex Violence
Multi-family housing crime generates significant case volume.
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
Employer-related workplace violence.
What Adequate Security Actually Looks Like
Adequacy varies by property type.
Security components include:
Lighting
Adequate exterior and interior lighting.
Inadequate lighting is a frequent contributing cause.
Surveillance Cameras
Operational camera coverage.
Cameras must function:
- Strategically placed
- Functional and recording
- Regularly maintained
- Watched where the standard requires
Security Personnel
On-site security, particularly for risk-elevated properties.
Access Control
Access controls.
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, incident response protocols.
Common Security Failures
Inadequate Lighting
Inadequate lighting for criminals.
Broken or Non-Functional Cameras
Cameras that don’t work fail to provide evidence after crimes.
Inadequate Security Personnel
Inadequate guards considering risk.
Failure to Implement Recommended Security
Property owners who received security assessments but failed to implement recommendations face heightened liability.
Failed Access Controls
Inadequate access control systems.
Untrained Security Staff
Untrained security personnel.
Ignored Complaints
Disregarded complaints face heightened liability.
Damages in Negligent Security Cases
Recoverable losses include include:
Medical Costs
Initial emergency treatment, surgical costs, hospitalization, rehabilitation, Long-term medical needs, mental health treatment (often substantial).
Lost Wages and Earning Capacity
Lost wages and long-term wage impact.
Pain and Suffering
Physical pain and suffering.
Mental Health Damages
PTSD is common after negligent security incidents drive significant damages.
Loss of Enjoyment of Life
Loss of enjoyment.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death claims.
Punitive Damages
Negligent security cases frequently support punitive damages, especially where:
- Owner-known criminal pattern
- Disregarded recommendations
- Security personnel failure
- Egregious conduct
Who Can Be Held Liable?
Property Owner
The property owner is the primary defendant.
Property Management Company
Property managers carry liability.
Security Company
Security contractors may bear primary responsibility for inadequate security.
Premises Owners and Operators
Different parties may own and operate the property 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.
Foreseeability challenges. 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”
“You contributed to your own harm”.
“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
Insist on law enforcement involvement. Police reports are essential.
Get Medical Attention Immediately
Prompt medical evaluation protects the claim.
Document Everything About the Property
Property-related details.
Note Security Failures Observed
Security deficiencies.
Photograph the Property
Visual evidence of every relevant detail.
Identify Witnesses
Other people at the property.
Don’t Wait to Investigate Crime History
Prior crime evidence should be gathered.
Get Mental Health Treatment
Psychological treatment require professional care.
Don’t Speak With Property Owner Insurers Without Counsel
Insurance company representatives. Recorded statements before legal advice can permanently damage the case.
Attorney Costs
Counsel handling these cases work on contingency. These cases require significant investment in security experts, crime analysts, and other experts advanced by the firm.
Move Quickly
Evidence has preservation windows.
Camera evidence gets overwritten quickly.
Personnel changes requiring prompt investigation.
Property owners often change security after incidents, which can be used as evidence of inadequacy.
The legal time limit continues running.
Engaging counsel right away locks down the critical evidence.