Recovering Damages From Negligent Security in Jenks, 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. 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 defining legal question involves owner responsibility for criminal acts of others.
Default rule.
Multiple exceptions apply.
The Foreseeability Doctrine
This is the foundational doctrine.
Property owners can be liable for criminal acts by third parties when foreseeability of the criminal act.
Foreseeability requires prior similar criminal activity.
Special Relationships
Certain relationships create elevated duties regarding security:
- Property owners to tenants
- Innkeepers to guests
- Carriers to passengers
- Businesses 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:
- Crimes documented at the property
- Police incident reports
- Owner-received complaints
- 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
- Community crime documentation
Property Owner’s Knowledge
Evidence the owner knew about crime can establish foreseeability:
- Internal security reports the owner received
- Complaints from customers
- Owner admissions
- Insurance documents
Inherent Nature of the Property
Risk-elevated property types:
- Bars and clubs
- Late-night businesses
- Multi-family housing
- 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 cases.
These are among the most devastating negligent security cases.
Shooting Incidents
Shooting cases present specific challenges.
Mass Shooting and Active Shooter Incidents
Active shooter incidents may create negligent security liability.
Apartment Complex Violence
Apartment-related crime drives many cases.
Hotel Crime
Lodging-related crime can support negligent security claims.
Parking Lot and Garage Incidents
Parking facility crime drives many cases.
Workplace Violence
Workplace crime cases.
What Adequate Security Actually Looks Like
Adequate security depends on the property and the specific risk profile.
Security components include:
Lighting
Proper lighting.
Inadequate lighting drives many security failures.
Surveillance Cameras
Functional surveillance camera systems.
Cameras must be:
- Properly located
- Functional and recording
- Kept in working order
- Actively monitored where applicable
Security Personnel
Security staff, particularly for high-risk properties.
Access Control
Entry restrictions.
Locking Systems
Operational locking systems.
Communication Systems
Emergency communications, including alarm systems.
Landscaping and Maintenance
Maintenance that addresses security.
Policies and Training
Written security policies, staff training on security procedures, Response procedures.
Common Security Failures
Inadequate Lighting
Inadequate lighting for criminals.
Broken or Non-Functional Cameras
Non-functional cameras 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 face heightened liability.
Failed Access Controls
Broken access controls.
Untrained Security Staff
Untrained security personnel.
Ignored Complaints
Disregarded complaints are exposed to enhanced damages.
Damages in Negligent Security Cases
Recoverable losses include include:
Medical Costs
Trauma center care, Surgery expenses, Hospital stays, rehabilitation, ongoing medical care, Mental health damages.
Lost Wages and Earning Capacity
Past and future income loss and diminished earning capacity.
Pain and Suffering
Physical pain and suffering.
Mental Health Damages
Psychological consequences can be substantial.
Loss of Enjoyment of Life
Effects on daily life and activities.
Loss of Consortium
Relationship effects.
Wrongful Death
For fatal cases.
Punitive Damages
Negligent security cases frequently support punitive damages, especially where:
- Owner knowledge with failure to act
- Property owner received and ignored security recommendations
- Security failure
- Egregious conduct
Who Can Be Held Liable?
Property Owner
Owners are primary defendants.
Property Management Company
Property management companies can share liability.
Security Company
Security contractors may bear primary responsibility for inadequate security.
Premises Owners and Operators
Different parties may own and operate the property may share fault.
Franchisors
For franchised establishments (hotels, restaurants, etc.), franchisors may face liability in some circumstances.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
Defense’s main argument.
Foreseeability challenges. Prior crime evidence overcomes 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”
Plaintiff conduct defenses.
“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
Make sure police are called. Crime reports are critical.
Get Medical Attention Immediately
Same-day medical care 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
Independent observers.
Don’t Wait to Investigate Crime History
Crime history can be researched.
Get Mental Health Treatment
PTSD and other psychological consequences need professional attention.
Don’t Speak With Property Owner Insurers Without Counsel
Property owner insurers contact quickly. Statements without counsel hurt the claim.
Attorney Costs
Lawyers experienced with negligent security earn fees only on recovery. These cases require significant investment in security experts, crime analysts, and other experts paid by counsel.
Move Quickly
These cases require quick action.
Camera evidence has limited retention.
Security personnel may leave employment making them harder to locate.
Property owners often change security after incidents, though such changes don’t typically establish liability directly.
OK’s statute of limitations continues running.
Getting an attorney involved promptly triggers preservation steps.