In an increasingly complex world, property owners and businesses face significant liability risks related to security. At Waldon Adelman Castilla McNamara & Prout, our Negligent Security practice provides a comprehensive defense for landlords, property management companies, retailers, hotels, and other commercial entities against claims alleging inadequate security measures led to a third-party crime. We understand that while property owners have a duty to provide reasonable safety, they should not be held liable for every criminal act. We work to demonstrate that our clients met or exceeded that duty, providing an experienced and strategic defense to protect them from substantial liability.

Negligent Security Complexities

A negligent security claim asserts that a property owner’s failure to provide reasonable security measures contributed to a criminal act that harmed a third party. These cases are often complex, centering on the concept of foreseeability. Our attorneys are adept at defending against allegations related to:

  • Insufficient Lighting: Claims that poor lighting created an unsafe environment.
  • Inadequate Security Personnel: Allegations of not having enough guards or improper training.
  • Malfunctioning Surveillance Systems: Claims that broken cameras or alarms failed to deter a crime.
  • Failure to Address Known Criminal Activity: Allegations that a property owner ignored a history of prior incidents.

Our defense strategy hinges on a meticulous investigation into the specific circumstances of each case.

Our Investigative Approach and Strategic Defense

When defending against negligent security claims, our attorneys meticulously investigate the key factors that determine liability. We challenge causation and work to establish that our clients exercised reasonable care, or that the criminal act was unforeseeable and truly intervened in the chain of events. Our defense process includes:

  • Investigating Foreseeability: Analyzing the history of incidents on the premises and in the surrounding area to determine if the crime was a foreseeable risk.
  • Assessing Security Measures: Examining the specific security systems, personnel, and protocols that were in place at the time of the incident.
  • Challenging Causation: Arguing that even if a security measure was deficient, it was not the direct cause of the criminal act.

This strategic approach has led to significant victories for our clients, such as the one highlighted here: Castilla Sways Jury to Apportion Blame, Limit Damages in Complex Wrongful Death Case.

Defending Property Owners and Businesses

Property owners and businesses should seek specialized legal counsel for negligent security claims when:

  • A third-party crime has occurred on their premises, leading to a lawsuit.
  • A plaintiff alleges that a lack of security measures, such as lighting, personnel, or cameras, contributed to the crime.
  • The claim involves significant damages or a wrongful death.
  • There is a need to establish that the property owner acted with reasonable care or that the crime was an unforeseeable event.

If you are a property owner or business who needs an experienced and strategic defense, contact our team to learn how Waldon Adelman can protect you from substantial liability in these challenging claims.