When you visit an apartment complex, hotel, shopping center, or workplace, you expect to be safe. Property owners and managers have a responsibility to protect tenants, guests, and customers from foreseeable harm. Unfortunately, too many people discover that those responsible for security failed to take even basic precautions. When that happens, innocent visitors can become victims of violent crime, suffering devastating physical and emotional harm.
If you or a loved one has been injured in an attack because of inadequate security, you may have the right to hold the property owner accountable. These cases fall under premises liability law and are known as negligent security claims. At Edwards Injury Law, our Charlotte negligent security lawyers understand how traumatic these cases can be. We are here to explain your rights, investigate the circumstances, and fight to secure the compensation you deserve.
Call 980-357-4499 today to schedule a free consultation with a Charlotte negligent security lawyer.
What Is Negligent Security?
Negligent security occurs when a property owner or manager fails to provide reasonable safety measures to prevent foreseeable crimes. Under North Carolina law, property owners owe a duty of care to keep their premises safe for visitors. This duty includes taking steps to deter criminal activity when there is a known or foreseeable risk.
Examples of negligent security may include:
- Poorly lit parking lots that allow assaults or robberies to occur
- Broken or missing locks on apartment doors or building entrances
- Malfunctioning or poorly placed security cameras
- Lack of trained security personnel in high-risk areas such as nightclubs or shopping malls
- Failure to warn tenants or visitors of known crime risks
When an owner or management company ignores obvious dangers, victims have the right to hold them liable through a civil claim.
Examples of Negligent Security Incidents
Negligent security can happen in many different settings, including residential, commercial, and public properties. Some common scenarios include:
- Dim or poorly lit parking garages that provide cover for attackers
- Apartment complexes with broken gates or locks that allow intruders to enter
- Hotels without working cameras or keycard-controlled entrances
- Retail stores or gas stations in high-crime areas without adequate security staff
- Nightclubs or entertainment venues without properly trained bouncers or crowd control measures
In each of these examples, the crime may have been prevented — or at least made less likely — had the property owner taken reasonable precautions.
Key Elements of a Negligent Security Claim
Like other premises liability cases, negligent security claims require certain elements to be proven. These include:
- Duty of Care – The property owner had a legal responsibility to keep the premises reasonably safe.
- Breach of Duty – The owner failed to meet that responsibility by not addressing obvious security risks.
- Foreseeability – The crime was reasonably predictable given the circumstances, such as past incidents at the location or the nature of the property.
- Injury and Damages – The victim suffered physical, financial, or emotional harm as a result of the attack.
- Causation – The lack of adequate security directly contributed to the victim’s injuries.
Without establishing all of these elements, a negligent security case may not succeed. That is why careful investigation and legal guidance are essential.
How to Build a Strong Negligent Security Case
Building a negligent security claim requires a detailed and methodical approach. Your attorney will typically follow these steps:
- Collecting evidence – Police reports, medical records, photos, and witness statements are gathered. Security footage and property maintenance logs can be especially valuable.
- Establishing foreseeability – Demonstrating that the crime was predictable is crucial. Prior incidents at or near the property help prove that the owner should have acted.
- Filing the claim – A lawsuit is filed against the responsible parties, which may include the property owner, management company, or even a contracted security firm.
- Negotiating settlement – Many cases resolve through settlements that provide compensation without going to trial.
- Litigation – If a fair agreement cannot be reached, your attorney will present the case in court.
Each of these steps is aimed at proving the property owner’s negligence and securing maximum compensation for the harm you suffered.
Who Can Be Held Liable in a Negligent Security Case?
While property owners are most often held accountable, other parties may also share liability. These can include:
- Property management companies that fail to implement or enforce safety policies
- Security firms that provide inadequate or untrained staff
- Event organizers who neglect proper crowd control or staffing at large gatherings
- Commercial tenants in shared spaces, such as a nightclub in a shopping center, who fail to provide security in areas under their control
Identifying all potentially responsible parties ensures that victims pursue every available source of compensation.
What Damages Can Be Recovered?
Victims of negligent security may recover both economic and non-economic damages.
Economic Damages
- Medical bills for emergency care, surgeries, and rehabilitation
- Ongoing treatment such as counseling or physical therapy
- Lost income from time away from work
- Reduced earning capacity if injuries impact future employment
Non-Economic Damages
- Pain and suffering
- Emotional trauma, including post-traumatic stress disorder
- Loss of enjoyment of life
- Loss of companionship or consortium
Punitive Damages
In cases of extreme negligence or willful disregard for safety, punitive damages may also be available. These damages punish wrongdoers and deter similar conduct.
Can a Security Company Be Liable?
Yes. Security companies hired to protect tenants and customers can be held liable if they fail to fulfill their responsibilities. This includes providing untrained staff, failing to respond to emergencies, or neglecting to maintain surveillance equipment.
When a security firm’s negligence contributes to your injury, they may be named alongside the property owner in a lawsuit.
Time Limit for Filing a Negligent Security Claim in North Carolina
Victims of negligent security have a limited time to take legal action. In North Carolina, the statute of limitations is generally three years from the date of the incident. Waiting too long to file can mean losing the right to pursue compensation. Speaking with an attorney as soon as possible ensures that deadlines are met and evidence is preserved.
FAQs About Negligent Security
What kinds of properties are most often involved in negligent security cases?
Apartment complexes, hotels, shopping malls, nightclubs, gas stations, and parking garages are common sites.
Does every crime on a property count as negligent security?
No. A property owner is only liable if the crime was foreseeable and proper security measures could have prevented it.
How much compensation can I recover?
The value of your case depends on factors like the severity of your injuries, your medical costs, and how your life has been affected.
Can negligent security claims be settled out of court?
Yes. Many cases are resolved through settlement negotiations, though some may proceed to trial if no fair agreement is reached.
Speak to a Charlotte Negligent Security Lawyer Today
Being the victim of a violent crime on someone else’s property is a traumatic experience. The physical injuries, emotional scars, and financial strain can last for years. Property owners and managers who fail to protect visitors must be held accountable.
At Edwards Injury Law, we are committed to standing with victims of negligent security. As a veteran- and Black-owned law firm, we bring both compassion and determination to every case. We understand the adversity our clients face and fight tirelessly for justice.
Call 980-357-4499 today or fill out our online form to schedule a free consultation with a Charlotte negligent security attorney. The sooner you reach out, the sooner we can begin building your case.
