Negligent Security Lawyer - Rafaeli Law PLLC

When property owners fail to provide adequate security, the results can be devastating. A negligent security lawyer helps victims hold those responsible accountable for preventable crimes such as assaults, robberies, or attacks that occur because of poor lighting, lack of surveillance, or untrained staff. At Rafaeli Law PLLC, we combine legal expertise with investigative precision to protect clients’ rights and seek fair compensation for their losses. Our firm understands the complex nature of these cases and works to uncover evidence, prove foreseeability, and demand justice for those injured due to unsafe premises.

Understanding Negligent Security Cases

Negligent security cases fall under the broader category of premises liability law, which holds property owners and managers accountable for failing to provide adequate security measures that protect visitors from foreseeable harm. When a person becomes a victim of assault, robbery, or another crime on someone else’s property, and that incident could have been prevented through proper safety measures, the victim may have grounds for a negligent security claim.

Examples of negligent security incidents include:

  • Poor Lighting or Blind Spots: Dimly lit parking lots, stairwells, or corridors that allow attackers to hide or go unnoticed. Learn more about how property owners can prevent such hazards in our Premises & Property Injuries section.
  • Broken Locks or Fences: Entrances that do not close or lock properly, allowing unauthorized individuals access to private areas. This can also lead to Slip & Fall or other property injury claims.
  • Lack of Security Cameras: Missing or nonfunctional cameras that could have deterred crime or provided evidence afterward.
  • Untrained or Absent Security Personnel: Guards who lack proper training, background checks, or sufficient supervision.

Each of these examples demonstrates how negligence in maintaining safety protocols can lead to preventable harm. According to a U.S. Department of Justice study, nearly 1 in 4 violent crimes occur in or near the victim’s home, workplace, or commercial property—spaces where security should be expected but is often insufficient. (Bureau of Justice Statistics)

Elements of a Negligent Security Claim

To prove negligent security, several key elements must be established:

  1. Duty of Care – The property owner or manager had a legal obligation to provide a reasonably safe environment for lawful visitors.
  2. Breach of Duty – That duty was breached due to inadequate or absent security measures.
  3. Foreseeability – The crime or incident was reasonably foreseeable given prior similar events or the nature of the property.
  4. Causation and Damages – The lack of security directly led to the injury or loss.

Each of these components is essential to building a successful claim. Courts will often examine whether previous incidents occurred in the same area or if the property owner ignored warnings from law enforcement or tenants. For example, security audits and crime mapping data often show repeated patterns that make certain crimes predictable and preventable.

Common Locations for Negligent Security Cases

Negligent security incidents can happen virtually anywhere, but they are most frequently reported in high-traffic or poorly supervised properties:

  • Apartment Complexes and Condominiums: Tenants rely on secure entry systems, lighting, and locks to stay safe. Inadequate management can lead to break-ins or assaults.
  • Hotels and Motels: Guests are at risk when management fails to maintain surveillance systems, access control, or proper guest screening.
  • Retail Stores and Shopping Centers: Businesses must protect patrons from foreseeable crimes, especially in areas known for prior incidents.
  • Parking Garages and Lots: Poor lighting, lack of attendants, or malfunctioning cameras are common factors in negligent security lawsuits.
  • Bars and Nightclubs: Establishments serving alcohol often require bouncers, crowd control, and monitoring to prevent fights or assaults.

According to the National Crime Prevention Council, parking lots and garages account for nearly 10% of all violent crimes reported on commercial property.

Comparative Overview of Negligent Security & Shooting Cases

Type of Property

Common Security Failures

Typical Injuries or Losses

Key Legal Arguments in Shooting Cases

Apartment Complexes

Broken gates, no security patrols, unlit stairwells

Shootings in common areas or during break-ins

Ignored history of violence, failure to control access

Retail Stores & Malls

No armed security, poor emergency exits, lack of screening

Mass shootings, bystander injuries

Failure to respond to crime trends or provide crowd safety

Parking Garages/Lots

No lighting, no cameras, no on-site personnel

Ambush-style shootings, carjackings

Inadequate monitoring in known high-crime areas

Hotels & Motels

Public access to rooms, no guest screening, no cameras

Shootings by non-guests or intruders

Lack of guest controls or response to prior incidents

Bars & Nightclubs

No metal detectors, poor crowd control, understaffed

Alcohol-fueled altercations escalating to gunfire

Poor bouncer training, foreseeable violence in venue

Office Buildings

Unlocked entrances, broken alarms, no ID checks

Workplace shootings, targeted violence

Failure to anticipate known threats or threats by ex-employees

Event Venues

No bag checks, no armed presence, poor emergency planning

Mass casualty shootings

Lax security at high-risk public gatherings

The Investigation Process

A successful negligent security claim relies on a thorough, strategic investigation. At Rafaeli Law PLLC, we follow a four-step process to build a strong case:

Step 1: Case Evaluation
We review police reports, incident records, and witness statements to assess whether the crime was foreseeable.Learn more about our process on the Our Story & Core Values page.

Step 2: Evidence Collection
Our team gathers security footage, lighting surveys, maintenance logs, and expert testimony, along with crime data from official sources.

Step 3: Legal Analysis
We identify all responsible parties, property owners, managers, or contractors, and analyze how their negligence contributed to the incident.

Step 4: Resolution
We seek full compensation through negotiation or, if needed, litigation. Every case is prepared as if going to trial to ensure maximum leverage. Explore examples of our successful outcomes in our Case Results.

Shootings and Negligent Security: When Property Owners Fail to Prevent Violence

Shooting incidents are among the most tragic and violent outcomes of negligent security. While no property owner can guarantee that crime will never occur, they do have a legal duty to take reasonable steps to prevent foreseeable acts of gun violence on their premises. When they fail to do so, victims and their families may have grounds to file a negligent security claim.

How Shootings Happen Due to Inadequate Security

In many cases, shootings occur in places where prior violent activity or high crime rates were already known. Yet property owners often ignore warning signs or fail to implement proper safeguards, such as:

  • Lack of Metal Detectors or Bag Checks: Especially at nightclubs, concerts, and sporting venues where large crowds gather.
  • Inadequate Lighting: Poorly lit parking lots and stairwells can become hotspots for violent crime.
  • Broken or Missing Security Cameras: Without surveillance, crimes go undetected and unprosecuted, and deterrence is lost.
  • Insufficient or Untrained Security Staff: Guards may fail to intervene, de-escalate conflicts, or even recognize red flags.
  • Failure to Control Entry Points: Open access to buildings, events, or gated communities increases the risk of armed individuals entering unnoticed.

If a shooting occurs in an area known for prior violence, and the property owner failed to act on that knowledge, a court may find that the crime was foreseeable, and the property owner liable.

Legal Considerations in Shooting Cases

To succeed in a negligent security shooting claim, victims must still prove the standard elements:

  • The property owner owed a duty of care
  • That duty was breached through insufficient security
  • The shooting was foreseeable based on prior similar incidents or known risks
  • The breach of security directly caused the injury or death

Police reports, crime data, 911 call logs, and even social media posts from prior incidents can all help establish foreseeability.

Compensation for Shooting Victims

Victims of shootings may be entitled to significant compensation for:

  • Emergency and long-term medical care
  • Lost income and reduced earning capacity
  • Pain, trauma, PTSD, or emotional distress
  • Wrongful death damages for family members
  • Loss of companionship or support

At Rafaeli Law PLLC, we treat shooting victims and their families with the dignity and attention they deserve. We investigate every aspect of the event, working with security and crime prevention experts to uncover what went wrong—and who is legally responsible.

Why Choose Rafaeli Law PLLC

  • Focused Expertise: Our practice emphasizes complex injury and negligent security cases.
  • Comprehensive Investigation: We work with top investigators and security professionals to analyze every detail.
  • Proven Results: Our firm’s track record includes successful settlements and verdicts for victims of negligent security.
  • Personal Commitment: We provide individualized attention and transparent communication throughout the legal process.

How Security Standards Are Evaluated

Evaluating whether security measures were adequate requires an understanding of standard practices within the industry. Some of the most common benchmarks include:

  • Lighting Levels: Poor lighting reduces visibility and increases risk. Safety standards, such as those outlined by the Illuminating Engineering Society (IES), provide minimum recommendations for outdoor spaces.
  • Camera Coverage: Modern properties should have surveillance systems covering all entry and exit points, especially in public or commercial settings.
  • Personnel Training: Security guards must receive instruction in observation, response, and de-escalation. Untrained or inattentive guards can expose property owners to significant liability.
  • Access Control: Secure entry points, keycard systems, and regular maintenance help prevent unauthorized access.

Failure to meet these standards can show a pattern of negligence. In many cases, expert witnesses compare existing security setups with recognized best practices to demonstrate a breach of duty.

Why Legal Representation Matters

Negligent security cases can be complex because they often involve multiple responsible parties and extensive evidence. Working with experienced attorneys ensures that the claim is structured properly and supported with clear, compelling proof.

At Rafaeli Law PLLC, we handle the full legal process, from investigation through trial. We collaborate with crime prevention experts, former law enforcement officers, and forensic specialists to build the strongest case possible. Our goal is to help clients receive maximum compensation while holding negligent property owners accountable. Learn about our experienced team on the Our Attorneys page.

Take the Next Step

If you were injured because of inadequate security, you deserve experienced legal counsel that understands how to build a powerful case. Rafaeli Law PLLC offers confidential, no-obligation consultations to review your claim and guide you toward justice.

Visit our Contact page or call 954-365-5639 today to schedule your consultation and take the first step toward recovery.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

FAQ

Frequently Asked Questions

1. How long do I have to file a negligent security claim?

Most states follow a statute of limitations of two to four years for personal injury claims. Acting quickly ensures critical evidence is preserved. Learn more about deadlines on our Legal Disclaimer.

2. Can I sue if the perpetrator was never caught?

Yes. A negligent security claim targets the property owner or responsible parties, not the criminal. The focus is on preventable conditions, not prosecution.

3. What if the property had some security, but it wasn’t enough?

Partial security is not necessarily adequate. The court examines whether the measures were reasonable for the known risk, not just whether something existed.

4. Do I need an attorney?

Yes. These cases require understanding premises liability law, insurance negotiation, and expert testimony. An attorney helps maximize compensation and ensure compliance with all legal procedures.

5. What qualifies as inadequate security on a property?

Inadequate security includes missing cameras, poor lighting, broken locks, or untrained guards. These failures can make foreseeable crimes possible and establish liability in a negligent security claim.

6. Can negligent security apply to businesses as well as residential properties?

Yes. Both commercial and residential properties have a legal duty to protect lawful visitors from foreseeable harm. Shopping centers, hotels, and apartment complexes are common examples.

7. What evidence helps prove negligent security?

Useful evidence includes prior police reports, witness statements, maintenance records, surveillance footage, and expert testimony showing what proper security measures should have been taken.

8. How much is a negligent security case worth?

Settlements vary depending on injury severity, property type, and the owner’s negligence. Compensation can include medical costs, lost income, and emotional damages.

Schedule a Consultation

Get a Free Consultation

If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.