Negligent Security Claims in Edmond, OK
Negligent security is a specialized form of premises liability. The criminal who actually attacked you isn’t the defendant. The defendant is the property owner whose security failures enabled the harm. This is its own area of law. An attorney familiar with this distinctive area 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 central legal issue asks whether owners are responsible for third-party crime.
The general principle is no liability.
Multiple exceptions apply.
The Foreseeability Doctrine
The central legal concept in negligent security.
Property owners can be liable for criminal acts by third parties when the criminal act was foreseeable.
Foreseeability is typically established through prior crime evidence.
Special Relationships
Certain relationships create elevated duties to provide security:
- Landlords to tenants
- Innkeepers to guests
- Carriers to passengers
- Establishments to customers
How Foreseeability Gets Established
Prior Crime on the Property
Prior crime on the property provides the strongest foreseeability evidence.
Evidence of prior crimes should include:
- Specific crime reports involving 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.
Where to find crime data include:
- Police crime statistics
- 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 customers
- The owner’s own statements or admissions
- Insurance documents
Inherent Nature of the Property
Some properties have inherently elevated security risks:
- Bars and nightclubs
- High-volume retail in late hours
- Residential complexes
- Crime-area hotels
- Parking structures
- Financial facilities
- Convenience stores in high-risk areas
Types of Negligent Security Cases
Robbery and Theft
Theft and robbery cases.
Assault and Battery
Physical assault in parking lots, garages, building common areas.
Sexual Assault
Sexual assault in hotels, apartment complexes, garages, and other premises.
These are particularly serious cases.
Shooting Incidents
Shooting cases create distinct case scenarios.
Mass Shooting and Active Shooter Incidents
Active shooter incidents generate negligent security claims.
Apartment Complex Violence
Violence in apartment complexes is a major negligent security category.
Hotel Crime
Lodging-related crime can support negligent security claims.
Parking Lot and Garage Incidents
Parking facility crime generates significant case volume.
Workplace Violence
Employer-related workplace violence.
What Adequate Security Actually Looks Like
Security needs are property-specific.
Elements of adequate security typically include:
Lighting
Proper lighting.
Poor lighting drives many security failures.
Surveillance Cameras
Working camera systems.
Adequate cameras require:
- Strategically placed
- Working
- Kept in working order
- Monitored where appropriate
Security Personnel
On-site security, particularly for high-risk properties.
Access Control
Access controls.
Locking Systems
Operational locking systems.
Communication Systems
Working emergency communication systems, including emergency phones.
Landscaping and Maintenance
Landscaping that doesn’t create concealment opportunities.
Policies and Training
Security procedures, Security training, incident response protocols.
Common Security Failures
Inadequate Lighting
Insufficient lighting facilitates crime.
Broken or Non-Functional Cameras
Cameras that don’t work provide no security benefit.
Inadequate Security Personnel
Inadequate guards given the actual risk profile.
Failure to Implement Recommended Security
Recommendation failures face heightened liability.
Failed Access Controls
Inadequate access control systems.
Untrained Security Staff
Untrained security personnel.
Ignored Complaints
Ignored complaints carry greater exposure.
Damages in Negligent Security Cases
Compensation in these cases include:
Medical Costs
Trauma center care, surgical costs, hospitalization, rehabilitation, Long-term medical needs, 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 drive significant damages.
Loss of Enjoyment of Life
Effects on daily life and activities.
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
- Property owner’s conduct showed reckless disregard for safety
Who Can Be Held Liable?
Property Owner
The property owner is the primary defendant.
Property Management Company
Management firms can share liability.
Security Company
Security service providers carry direct liability for service deficiencies.
Premises Owners and Operators
Owners and operators may share fault.
Franchisors
Franchisor liability, franchisors may face liability in some circumstances.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
The fundamental defense.
Defense argues the criminal act was unforeseeable. Documentation of prior crime defeats this defense.
“We Provided Reasonable Security”
“We had adequate security”.
“Security Failures Didn’t Cause the Crime”
Defense argues no causal connection between security failures and the criminal act.
“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
Make sure police are called. Official reports matter.
Get Medical Attention Immediately
Same-day medical care is essential.
Document Everything About the Property
Property-related details.
Note Security Failures Observed
What was inadequate.
Photograph the Property
Comprehensive property documentation.
Identify Witnesses
Other people at the property.
Don’t Wait to Investigate Crime History
Crime statistics for the area and prior crime on the property can be researched.
Get Mental Health Treatment
PTSD and other psychological consequences often require significant treatment.
Don’t Speak With Property Owner Insurers Without Counsel
Property owner insurers contact quickly. Statements without counsel create problematic admissions.
Attorney Costs
Lawyers experienced with negligent security charge no upfront fees. Specialty expertise costs paid by counsel.
Move Quickly
These cases require quick action.
Surveillance footage has limited retention.
Security personnel may leave employment requiring quick action.
Property owners often change security after incidents, though such changes don’t typically establish liability directly.
OK’s statute of limitations applies regardless.
Engaging counsel right away locks down the critical evidence.