Compensation for Inadequate Security Injuries in Mustang, 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. These cases operate under specific legal doctrines. A local attorney experienced with these claims 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 involves owner responsibility for criminal acts of others.
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.
Owner liability attaches when foreseeability of the criminal act.
Foreseeability requires prior similar criminal activity.
Special Relationships
Special relationships impose stronger duties for security:
- Property owners to tenants
- Innkeepers to guests
- Carriers to passengers
- Businesses to customers
How Foreseeability Gets Established
Prior Crime on the Property
Previous criminal activity on the property establishes foreseeability directly.
Prior crime evidence should include:
- Specific crime reports involving the property
- Law enforcement records
- Complaints to the owner
- Security incident reports
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:
- Police-published crime data
- Crime mapping services
- Local crime records
Property Owner’s Knowledge
Evidence the owner knew about crime can establish foreseeability:
- Reports received by the owner
- Complaints from customers
- The owner’s own statements or admissions
- Insurance documents
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
- ATM and bank locations
- Risk-area convenience stores
Types of Negligent Security Cases
Robbery and Theft
Robbery incidents.
Assault and Battery
Assault incidents.
Sexual Assault
Sexual victimization.
These are among the most devastating negligent security cases.
Shooting Incidents
Shooting cases create distinct case scenarios.
Mass Shooting and Active Shooter Incidents
Active shooter incidents can support negligent security claims.
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 generates significant case volume.
Workplace Violence
Employer-related workplace violence.
What Adequate Security Actually Looks Like
Adequacy varies by property type.
Elements of adequate security typically include:
Lighting
Lighting infrastructure.
Insufficient lighting is a frequent contributing cause.
Surveillance Cameras
Working camera systems.
Cameras must be:
- 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
Working locks.
Communication Systems
Communication infrastructure, including panic buttons.
Landscaping and Maintenance
Landscaping that doesn’t create concealment opportunities.
Policies and Training
Documented policies, Training programs, Crisis protocols.
Common Security Failures
Inadequate Lighting
Poor lighting creates concealment opportunities for criminals.
Broken or Non-Functional Cameras
Cameras that aren’t recording don’t deter crime.
Inadequate Security Personnel
Insufficient security staff for the property’s risk level.
Failure to Implement Recommended Security
Implementation failures may face punitive damages.
Failed Access Controls
Inadequate access control systems.
Untrained Security Staff
Inadequate training.
Ignored Complaints
Ignored complaints are exposed to enhanced damages.
Damages in Negligent Security Cases
Negligent security damages can be substantial include:
Medical Costs
Initial emergency treatment, Operating costs, Hospital stays, rehabilitation, Long-term medical needs, 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
Mental health damages 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
Exemplary damages are particularly common, especially where:
- The property owner knew of prior crimes but failed to act
- Ignored security advice
- Security personnel were complicit or grossly negligent
- Egregious conduct
Who Can Be Held Liable?
Property Owner
Property owners carry primary liability.
Property Management Company
Management firms carry liability.
Security Company
Security contractors carry direct liability for inadequate security.
Premises Owners and Operators
Owners and operators carry shared liability.
Franchisors
Franchisor liability, brand owners may share fault.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
The primary defense.
Defense argues the criminal act was unforeseeable. Prior crime evidence overcomes 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 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. Crime reports are critical.
Get Medical Attention Immediately
Quick medical attention matters significantly.
Document Everything About the Property
Property-related details.
Note Security Failures Observed
What was inadequate.
Photograph the Property
Comprehensive property documentation.
Identify Witnesses
Bystanders.
Don’t Wait to Investigate Crime History
Prior crime evidence should be gathered.
Get Mental Health Treatment
Psychological treatment need professional attention.
Don’t Speak With Property Owner Insurers Without Counsel
Property owner insurers contact quickly. Statements without counsel create problematic admissions.
Attorney Costs
Negligent security attorneys work on contingency. Expert costs run high paid by counsel.
Move Quickly
Evidence has preservation windows.
Camera evidence requires prompt preservation.
Personnel changes requiring quick action.
Property owners may modify security, providing evidence of prior inadequacy.
Filing deadlines sets a hard cutoff.
Getting an attorney involved promptly positions the case for the substantial recovery these cases can produce when properly built.