Recovering Damages From Negligent Security in Midwest City, OK
These cases combine premises liability with criminal conduct by third parties. The injury was caused by a criminal — but the case isn’t against the criminal. The defendant is the property owner whose security failures enabled the harm. This is its own area of law. A local attorney experienced with these claims knows the specific legal requirements these cases involve.
Why These Cases Are Legally Distinctive
Holding the Property Owner Responsible for Criminal Acts of Others
The central legal issue 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.
Property owners can be liable for criminal acts by third parties when foreseeability of the criminal act.
Foreseeability is typically established through prior similar criminal activity.
Special Relationships
Certain relationships create elevated duties to provide security:
- Property owners to tenants
- Innkeeper-guest relationships
- Carriers to passengers
- Establishments to customers
How Foreseeability Gets Established
Prior Crime on the Property
Previous criminal activity on the property provides the strongest foreseeability evidence.
Prior crime evidence should include:
- Crimes documented at the property
- Police incident reports
- Owner-received complaints
- Property security reports
Crime in the Surrounding Area
Crime in the surrounding area can establish foreseeability when the property’s location demonstrates risk.
Area crime evidence sources include:
- Law enforcement statistics
- Crime mapping services
- Community crime documentation
Property Owner’s Knowledge
Evidence the owner knew about crime can establish foreseeability:
- Reports received by the owner
- Resident complaints
- The owner’s own statements or admissions
- Insurance documents
Inherent Nature of the Property
Property types with elevated risk:
- Bars and clubs
- Late-hour retail
- Apartment complexes
- Crime-area hotels
- Parking lots and parking garages
- ATM and bank locations
- Convenience stores in dangerous locations
Types of Negligent Security Cases
Robbery and Theft
Robberies at gas stations, ATMs, convenience stores, parking lots.
Assault and Battery
Assault incidents.
Sexual Assault
Sexual victimization.
These are among the most devastating negligent security cases.
Shooting Incidents
Gun violence incidents create distinct case scenarios.
Mass Shooting and Active Shooter Incidents
Mass casualty 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 lot and garage crime drives many cases.
Workplace Violence
Workplace crime cases.
What Adequate Security Actually Looks Like
Adequacy varies by property type.
Adequate security typically involves:
Lighting
Proper lighting.
Insufficient lighting drives many security failures.
Surveillance Cameras
Operational camera coverage.
Adequate cameras require:
- Properly located
- Functional and recording
- Regularly maintained
- Actively monitored where applicable
Security Personnel
Security guards or personnel, particularly for high-risk properties.
Access Control
Controls on access to the property.
Locking Systems
Operational locking systems.
Communication Systems
Emergency communications, including panic buttons.
Landscaping and Maintenance
Maintenance that addresses security.
Policies and Training
Written security policies, Security training, Crisis protocols.
Common Security Failures
Inadequate Lighting
Insufficient lighting enables criminal activity.
Broken or Non-Functional Cameras
Cameras that don’t work fail to provide evidence after crimes.
Inadequate Security Personnel
Insufficient personnel given the actual risk profile.
Failure to Implement Recommended Security
Property owners who received security assessments but failed to implement recommendations face heightened liability.
Failed Access Controls
Locks that don’t work.
Untrained Security Staff
Inadequate training.
Ignored Complaints
Disregarded complaints carry greater exposure.
Damages in Negligent Security Cases
Recoverable losses include include:
Medical Costs
Initial emergency treatment, Operating costs, Hospital stays, Rehabilitation costs, Continuing care, Psychological care.
Lost Wages and Earning Capacity
Past and future income loss and diminished earning capacity.
Pain and Suffering
Pain and suffering damages.
Mental Health Damages
Psychological consequences generate major damages.
Loss of Enjoyment of Life
Loss of enjoyment.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal negligent security cases.
Punitive Damages
Negligent security cases frequently support punitive damages, especially where:
- Owner-known criminal pattern
- Disregarded recommendations
- Security personnel were complicit or grossly negligent
- Reckless disregard for safety
Who Can Be Held Liable?
Property Owner
Owners are primary defendants.
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 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.
“How could we have known?”. Documentation of prior crime defeats this defense.
“We Provided Reasonable Security”
“We had adequate security”.
“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”
“The attacker did this, not us”. 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
Quick medical attention protects the claim.
Document Everything About the Property
Comprehensive property documentation.
Note Security Failures Observed
Specific security failures observed before, during, or after the incident.
Photograph the Property
Lighting conditions, camera locations, access controls, and security features.
Identify Witnesses
Independent observers.
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
Mental health care need professional attention.
Don’t Speak With Property Owner Insurers Without Counsel
Adjusters reach out fast. Direct insurer communication can permanently damage the case.
Attorney Costs
Negligent security attorneys work on contingency. Specialty expertise costs advanced by the firm.
Move Quickly
These cases require quick action.
Camera evidence has limited retention.
Employee turnover requiring quick action.
Property owners may modify security, which can be used as evidence of inadequacy.
The legal time limit applies regardless.
Getting an attorney involved promptly positions the case for the substantial recovery these cases can produce when properly built.