Negligent Security Claims in Okmulgee, OK
Negligent security is a specialized form of premises liability. The criminal who actually attacked you isn’t the defendant. The property owner who created the conditions allowing the attack is the defendant. This is its own area of law. An attorney familiar with this distinctive area 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 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.
But several theories create exceptions.
The Foreseeability Doctrine
This is the foundational doctrine.
These cases require foreseeability of the criminal act.
Foreseeability requires prior similar criminal activity.
Special Relationships
Some relationships create heightened duties regarding security:
- Landlords to tenants
- Hotels to guests
- Common carrier-passenger relationships
- Businesses to customers
How Foreseeability Gets Established
Prior Crime on the Property
Prior incidents on the premises is the most powerful foreseeability evidence.
Prior crime evidence should include:
- Crimes documented at the property
- Police documentation
- Complaints to the owner
- Property security reports
Crime in the Surrounding Area
Area crime statistics can establish foreseeability when the property’s location demonstrates risk.
Sources for area crime data include:
- Law enforcement statistics
- Crime data services
- Local crime records
Property Owner’s Knowledge
Owner knowledge of crime risk can establish foreseeability:
- Internal security reports the owner received
- Resident complaints
- The owner’s own statements or admissions
- Underwriting records
Inherent Nature of the Property
Some properties have inherently elevated security risks:
- Bars and nightclubs
- Late-hour retail
- Apartment complexes
- Hotels in known crime areas
- Parking structures
- ATM areas
- Risk-area convenience stores
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 assault in hotels, apartment complexes, garages, and other premises.
These are particularly serious cases.
Shooting Incidents
Shooting cases involve specific issues.
Mass Shooting and Active Shooter Incidents
Mass casualty events generate 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 facility crime is a recurring case category.
Workplace Violence
Workplace crime cases.
What Adequate Security Actually Looks Like
Security needs are property-specific.
Adequate security typically involves:
Lighting
Proper lighting.
Poor lighting is one of the most common contributing factors.
Surveillance Cameras
Working camera systems.
Cameras must be:
- Strategically placed
- Operational
- Regularly maintained
- Watched where the standard requires
Security Personnel
Security guards or personnel, particularly for risk-elevated properties.
Access Control
Entry restrictions.
Locking Systems
Working locks.
Communication Systems
Communication infrastructure, including cellular signal in parking garages.
Landscaping and Maintenance
Maintenance that addresses security.
Policies and Training
Written security policies, Security training, incident response protocols.
Common Security Failures
Inadequate Lighting
Insufficient lighting enables criminal activity.
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
Recommendation failures may face punitive damages.
Failed Access Controls
Broken access controls.
Untrained Security Staff
Inadequate training.
Ignored Complaints
Ignored complaints carry greater exposure.
Damages in Negligent Security Cases
Negligent security damages can be substantial include:
Medical Costs
Emergency and trauma care, surgical costs, Inpatient care, Physical and other rehabilitation, ongoing medical care, mental health treatment (often substantial).
Lost Wages and Earning Capacity
Earnings affected by injury and reduced earning ability.
Pain and Suffering
Pain damages.
Mental Health Damages
Mental health damages can be substantial.
Loss of Enjoyment of Life
Loss of enjoyment.
Loss of Consortium
Relationship effects.
Wrongful Death
Wrongful death claims.
Punitive Damages
Negligent security cases frequently support punitive damages, especially where:
- The property owner knew of prior crimes but failed to act
- Property owner received and ignored security recommendations
- Security personnel failure
- Egregious conduct
Who Can Be Held Liable?
Property Owner
Property owners carry primary liability.
Property Management Company
Management firms may share fault.
Security Company
Companies contracted to provide security may bear primary responsibility for inadequate security.
Premises Owners and Operators
Multiple property-related parties can share 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. Comprehensive prior-crime evidence defeats this defense.
“We Provided Reasonable Security”
Defense argues the security provided was reasonable.
“Security Failures Didn’t Cause the Crime”
Causation challenges.
“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. Crime reports are critical.
Get Medical Attention Immediately
Prompt medical evaluation matters significantly.
Document Everything About the Property
Comprehensive property documentation.
Note Security Failures Observed
What was inadequate.
Photograph the Property
Comprehensive property documentation.
Identify Witnesses
Independent observers.
Don’t Wait to Investigate Crime History
Prior crime evidence require investigation.
Get Mental Health Treatment
Mental health care require professional care.
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. These cases require significant investment in security experts, crime analysts, and other experts reimbursed from the recovery.
Move Quickly
These cases require quick action.
Video recordings has limited retention.
Personnel changes requiring prompt investigation.
Property owners often change security after incidents, which can be used as evidence of inadequacy.
The legal time limit applies regardless.
Getting an attorney involved promptly locks down the critical evidence.