Recovering Damages From Negligent Security in Moore, OK
These cases combine premises liability with criminal conduct by third parties. The case targets the property owner, not the attacker. The property owner who created the conditions allowing the attack is the defendant. 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 asks whether owners are responsible for third-party crime.
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.
Owner liability attaches when foreseeability of the criminal act.
Foreseeability is shown through prior similar criminal activity.
Special Relationships
Special relationships impose stronger duties regarding security:
- Landlord-tenant relationships
- Innkeepers to guests
- Transportation providers to passengers
- Businesses to customers
How Foreseeability Gets Established
Prior Crime on the Property
Prior crime on the property establishes foreseeability directly.
Evidence of prior crimes should include:
- Property-specific crime reports
- Police incident reports
- Resident or customer complaints
- Internal security documentation
Crime in the Surrounding Area
Neighborhood crime data can establish foreseeability when the property is in a high-crime area.
Sources for area crime data include:
- Law enforcement statistics
- Crime data services
- Community crime documentation
Property Owner’s Knowledge
Owner knowledge of crime risk can establish foreseeability:
- Owner-received documentation
- Resident complaints
- Owner statements
- Insurance underwriting documents identifying risk
Inherent Nature of the Property
Property types with elevated risk:
- Drinking establishments
- High-volume retail in late hours
- Multi-family housing
- Hotels in known crime areas
- Parking structures
- Financial facilities
- Convenience stores in dangerous locations
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 victimization.
These cases produce particularly significant damages.
Shooting Incidents
Shooting cases present specific challenges.
Mass Shooting and Active Shooter Incidents
Mass shooting events may create negligent security liability.
Apartment Complex Violence
Apartment-related crime drives many cases.
Hotel Crime
Hotel 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.
Elements of adequate security typically include:
Lighting
Adequate exterior and interior lighting.
Poor lighting drives many security failures.
Surveillance Cameras
Functional surveillance camera systems.
Adequate cameras require:
- Properly located
- Functional and recording
- Maintained
- Monitored where appropriate
Security Personnel
Security guards or personnel, particularly for high-risk properties.
Access Control
Entry restrictions.
Locking Systems
Working locks.
Communication Systems
Working emergency communication systems, including emergency phones.
Landscaping and Maintenance
Landscaping that doesn’t create concealment opportunities.
Policies and Training
Documented policies, Security training, Response procedures.
Common Security Failures
Inadequate Lighting
Inadequate lighting enables criminal activity.
Broken or Non-Functional Cameras
Cameras that don’t work don’t deter crime.
Inadequate Security Personnel
Insufficient personnel given the actual risk profile.
Failure to Implement Recommended Security
Implementation failures carry greater exposure.
Failed Access Controls
Locks that don’t work.
Untrained Security Staff
Inadequate training.
Ignored Complaints
Disregarded complaints face heightened liability.
Damages in Negligent Security Cases
Compensation in these cases include:
Medical Costs
Emergency and trauma care, surgical costs, hospitalization, Rehabilitation costs, Continuing care, Mental health damages.
Lost Wages and Earning Capacity
Lost wages and reduced earning ability.
Pain and Suffering
Physical pain and suffering.
Mental Health Damages
PTSD is common after negligent security incidents drive significant damages.
Loss of Enjoyment of Life
Daily life impacts.
Loss of Consortium
Effects on intimate relationships.
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
- Ignored security advice
- Security failure
- Egregious conduct
Who Can Be Held Liable?
Property Owner
The property owner is the primary defendant.
Property Management Company
Property management companies may share fault.
Security Company
Security contractors can face direct liability for service deficiencies.
Premises Owners and Operators
Different parties may own and operate the property carry shared liability.
Franchisors
For franchised establishments (hotels, restaurants, etc.), franchisors may face liability in some circumstances.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
The fundamental 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”
Causation challenges.
“The Plaintiff Was at Fault”
Comparative fault arguments.
“The Criminal Is Solely Responsible”
“The attacker did this, not us”. This defense generally fails.
Critical Steps After a Negligent Security Incident
Report to Law Enforcement
Make sure police are called. Police reports are essential.
Get Medical Attention Immediately
Prompt medical evaluation is essential.
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
Other people at the property.
Don’t Wait to Investigate Crime History
Prior crime evidence require investigation.
Get Mental Health Treatment
PTSD and other psychological consequences need professional attention.
Don’t Speak With Property Owner Insurers Without Counsel
Insurance company representatives. Recorded statements before legal advice create problematic admissions.
Attorney Costs
Counsel handling these cases work on contingency. Specialty expertise costs advanced by the firm.
Move Quickly
These cases require quick action.
Surveillance footage has limited retention.
Security personnel may leave employment making them harder to locate.
Property owners may modify security, though such changes don’t typically establish liability directly.
The legal time limit applies regardless.
Engaging counsel right away locks down the critical evidence.