Compensation for Inadequate Security Injuries in Coweta, OK
Negligent security is a specialized form of premises liability. 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 defining legal question involves owner responsibility for criminal acts of others.
The general principle is no liability.
Multiple exceptions apply.
The Foreseeability Doctrine
Foreseeability is the central concept.
Property owners can be liable for criminal acts by third parties when foreseeable criminal conduct.
Foreseeability is typically established through evidence of prior similar incidents.
Special Relationships
Some relationships create heightened duties regarding security:
- Landlord-tenant relationships
- Innkeepers to guests
- Carriers to passengers
- Establishments to customers
How Foreseeability Gets Established
Prior Crime on the Property
Prior crime on the property establishes foreseeability directly.
Prior crime evidence should include:
- Crimes documented at the property
- Law enforcement records
- Complaints to the owner
- Internal security documentation
Crime in the Surrounding Area
Crime in the surrounding area can establish foreseeability when the property is in a high-crime area.
Area crime evidence sources include:
- Law enforcement statistics
- Online crime mapping
- Neighborhood crime reports
Property Owner’s Knowledge
Evidence the owner knew about crime can establish foreseeability:
- Owner-received documentation
- Complaints from tenants or customers
- Owner statements
- Insurance documents
Inherent Nature of the Property
Some properties have inherently elevated security risks:
- Bars and clubs
- Late-hour retail
- Residential complexes
- Hotels in known crime areas
- Parking facilities
- ATM and bank locations
- Risk-area convenience stores
Types of Negligent Security Cases
Robbery and Theft
Robbery incidents.
Assault and Battery
Physical assault in parking lots, garages, building common areas.
Sexual Assault
Sexual assault cases.
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
Mass shooting events can support negligent security claims.
Apartment Complex Violence
Violence in apartment complexes generates significant case volume.
Hotel Crime
Lodging-related crime can support negligent security claims.
Parking Lot and Garage Incidents
Parking-related crime generates significant case volume.
Workplace Violence
Workplace crime cases.
What Adequate Security Actually Looks Like
Security needs are property-specific.
Security components include:
Lighting
Lighting infrastructure.
Insufficient lighting is one of the most common contributing factors.
Surveillance Cameras
Working camera systems.
Cameras must function:
- Strategically placed
- Operational
- Kept in working order
- Watched where the standard requires
Security Personnel
Security guards or personnel, particularly for properties with elevated risk profiles.
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
Written security policies, Security training, Response procedures.
Common Security Failures
Inadequate Lighting
Insufficient lighting facilitates crime.
Broken or Non-Functional Cameras
Cameras that aren’t recording don’t deter crime.
Inadequate Security Personnel
Insufficient security staff for the property’s risk level.
Failure to Implement Recommended Security
Property owners who received security assessments but failed to implement recommendations carry greater exposure.
Failed Access Controls
Locks that don’t work.
Untrained Security Staff
Untrained security personnel.
Ignored Complaints
Property owners who received complaints about crime but failed to respond carry greater exposure.
Damages in Negligent Security Cases
Negligent security damages can be substantial include:
Medical Costs
Emergency and trauma care, Operating costs, Inpatient care, Physical and other rehabilitation, ongoing medical care, mental health treatment (often substantial).
Lost Wages and Earning Capacity
Lost wages and reduced earning ability.
Pain and Suffering
Physical pain and suffering.
Mental Health Damages
Mental health damages can be substantial.
Loss of Enjoyment of Life
Loss of enjoyment.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal negligent security cases.
Punitive Damages
Exemplary damages are particularly common, especially where:
- The property owner knew of prior crimes but failed to act
- Disregarded recommendations
- Security personnel failure
- Reckless disregard for safety
Who Can Be Held Liable?
Property Owner
The property owner is the primary defendant.
Property Management Company
Property management companies carry liability.
Security Company
Security contractors may bear primary responsibility for inadequate security.
Premises Owners and Operators
Multiple property-related parties can share liability.
Franchisors
Franchise operators, brand owners may share fault.
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”
Causation challenges.
“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
Don’t accept informal handling. Police reports are essential.
Get Medical Attention Immediately
Quick medical attention is essential.
Document Everything About the Property
The location, lighting, cameras, security personnel, access controls, and overall security.
Note Security Failures Observed
Security deficiencies.
Photograph the Property
Comprehensive property documentation.
Identify Witnesses
Independent observers.
Don’t Wait to Investigate Crime History
Prior crime evidence can be researched.
Get Mental Health Treatment
Psychological treatment often require significant treatment.
Don’t Speak With Property Owner Insurers Without Counsel
Property owner insurers contact quickly. Recorded statements before legal advice can permanently damage the case.
Attorney Costs
Lawyers experienced with negligent security work on contingency. These cases require significant investment in security experts, crime analysts, and other experts paid by counsel.
Move Quickly
Evidence has preservation windows.
Surveillance footage requires prompt preservation.
Security personnel may leave employment requiring prompt investigation.
Property owners may modify security, though such changes don’t typically establish liability directly.
The legal time limit continues running.
Getting an attorney involved promptly triggers preservation steps.