Recovering Damages From Negligent Security in Midway Village, 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. 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 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
This is the foundational doctrine.
These cases require foreseeable criminal conduct.
Foreseeability requires evidence of prior similar incidents.
Special Relationships
Special relationships impose stronger duties regarding security:
- Landlords to tenants
- Hotels to guests
- Carriers to passengers
- Business-business invitee relationships
How Foreseeability Gets Established
Prior Crime on the Property
Prior crime on the property establishes foreseeability directly.
Documentation of prior incidents should include:
- Specific crime reports involving the property
- Police incident reports
- Owner-received complaints
- Internal security documentation
Crime in the Surrounding Area
Neighborhood crime data can establish foreseeability when the property’s location demonstrates risk.
Where to find crime data include:
- Police-published crime data
- Crime data 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
- Complaints from customers
- Owner statements
- Insurance underwriting documents identifying risk
Inherent Nature of the Property
Property types with elevated risk:
- Bars and nightclubs
- High-volume retail in late hours
- Apartment complexes
- Hotels in known crime areas
- Parking lots and parking garages
- Financial facilities
- Convenience stores in high-risk areas
Types of Negligent Security Cases
Robbery and Theft
Theft and robbery cases.
Assault and Battery
Assault incidents.
Sexual Assault
Sexual victimization.
These are particularly serious cases.
Shooting Incidents
Gun violence incidents create distinct case scenarios.
Mass Shooting and Active Shooter Incidents
Mass shooting events may create negligent security liability.
Apartment Complex Violence
Violence in apartment complexes drives many cases.
Hotel Crime
Lodging-related crime can support negligent security claims.
Parking Lot and Garage Incidents
Parking-related crime is a recurring case category.
Workplace Violence
Employer-related workplace violence.
What Adequate Security Actually Looks Like
Security needs are property-specific.
Security components include:
Lighting
Lighting infrastructure.
Inadequate lighting is a frequent contributing cause.
Surveillance Cameras
Functional surveillance camera systems.
Cameras must function:
- Strategically placed
- Functional and recording
- Kept in working order
- Monitored where appropriate
Security Personnel
On-site security, particularly for properties with elevated risk profiles.
Access Control
Controls on access to the property.
Locking Systems
Working locks.
Communication Systems
Communication infrastructure, including emergency phones.
Landscaping and Maintenance
Proper landscaping.
Policies and Training
Security procedures, Training programs, Response procedures.
Common Security Failures
Inadequate Lighting
Poor lighting creates concealment opportunities enables criminal activity.
Broken or Non-Functional Cameras
Non-functional cameras fail to provide evidence after crimes.
Inadequate Security Personnel
Insufficient security staff given the actual risk profile.
Failure to Implement Recommended Security
Implementation failures carry greater exposure.
Failed Access Controls
Broken access controls.
Untrained Security Staff
Inadequate training.
Ignored Complaints
Property owners who received complaints about crime but failed to respond are exposed to enhanced damages.
Damages in Negligent Security Cases
Negligent security damages can be substantial include:
Medical Costs
Trauma center care, surgical costs, Inpatient care, Rehabilitation costs, ongoing medical care, mental health treatment (often substantial).
Lost Wages and Earning Capacity
Lost wages 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
Effects on daily life and activities.
Loss of Consortium
Relationship effects.
Wrongful Death
In fatal negligent security cases.
Punitive Damages
Punitive damages are particularly available, especially where:
- Owner knowledge with failure to act
- Property owner received and ignored security recommendations
- Security personnel were complicit or grossly negligent
- Egregious conduct
Who Can Be Held Liable?
Property Owner
Owners are primary defendants.
Property Management Company
Management firms carry liability.
Security Company
Security service providers carry direct liability for inadequate security.
Premises Owners and Operators
Different parties may own and operate the property may share fault.
Franchisors
Franchise operators, corporate parents may be liable.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
The primary defense.
Foreseeability challenges. 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”
Comparative fault arguments.
“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
Insist on law enforcement involvement. Official reports matter.
Get Medical Attention Immediately
Prompt medical evaluation is essential.
Document Everything About the Property
The location, lighting, cameras, security personnel, access controls, and overall security.
Note Security Failures Observed
Specific security failures observed before, during, or after the incident.
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 require investigation.
Get Mental Health Treatment
PTSD and other psychological consequences need professional attention.
Don’t Speak With Property Owner Insurers Without Counsel
Adjusters reach out fast. Recorded statements before legal advice create problematic admissions.
Attorney Costs
Lawyers experienced with negligent security earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
Negligent security cases involve time-sensitive evidence.
Video recordings gets overwritten quickly.
Employee turnover requiring quick action.
Owners typically upgrade security, though such changes don’t typically establish liability directly.
OK’s statute of limitations sets a hard cutoff.
Getting an attorney involved promptly locks down the critical evidence.