When you're hurt on someone else's property because the owner failed to protect visitors from foreseeable criminal acts, you may have a negligent security claim, even if the person who harmed you was a stranger. Missouri law may hold businesses or other property possessors liable when they have a legal duty to take reasonable precautions against foreseeable criminal acts and their failure to do so contributes to a person's injuries. If this happened to you, call Naji Injury Law at (314) 931-5016 for a free consultation.
Negligent security is a form of premises liability, and these cases require a specific kind of investigation, one that looks at crime data, prior incidents, and whether the property owner implemented reasonable security measures. Our negligent security attorneys handle exactly that work, and we do it on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
What Makes a Property Owner Liable for a Crime?
Under Missouri law, property owners can be held liable for criminal acts committed on their premises when those acts were foreseeable, and the owner failed to implement reasonable security measures to prevent them.
Negligent security cases rest on the legal concept of foreseeability. A property owner is not automatically responsible every time a crime occurs on their land, but whether a criminal act was foreseeable depends on the facts and circumstances of the case, including evidence that may have put the property owner or business on notice of a risk of criminal activity.
A few key questions drive every negligent security claim:
- Was the crime foreseeable? Courts look at prior incidents on or near the property, police reports, and crime data for the surrounding area. Whether a criminal act was foreseeable depends on the facts and circumstances of the case, including evidence that may have put the property owner or business on notice of a security risk.
- Did the property owner breach their duty? A property owner or business may breach a duty to take reasonable precautions when it fails to address a foreseeable security risk, depending on the circumstances. Potential security measures may include improving lighting, repairing locks, installing security cameras, or providing security personnel when those measures are reasonable under the circumstances.
- Did that failure cause your injuries? The plaintiff must establish that the defendant's breach of a legal duty was a cause of the claimed injuries and damages. Whether reasonable security measures would have prevented or reduced the likelihood of the criminal act may be relevant to the causation analysis.
Missouri generally applies comparative fault principles in tort cases, under which a plaintiff's damages may be reduced in proportion to the plaintiff's assigned fault. The effect of comparative fault can depend on the claims and circumstances of the case.
Where Negligent Security Claims Commonly Arise
Negligent security cases occur across many types of properties, from apartment complexes to parking garages, wherever property owners fail to provide adequate security for the people who use their space.
Some locations generate negligent security lawsuits more frequently than others, largely because they attract high foot traffic, operate at night, or have documented histories of criminal activity:
- Apartment complexes: Tenants and guests are particularly vulnerable when management fails to maintain working locks, functional lighting, or security personnel in common areas and entryways.
- Parking garages and lots: Poor lighting, broken locks on access doors, and a lack of security cameras make these spaces frequent sites of robbery, assault, and carjacking.
- Retail and shopping environments: Business operators who ignore known theft or assault patterns and provide no trained security staff can be held responsible when customers are harmed.
- Hotels and motels: Guests on someone else's property overnight have a reasonable expectation that management has implemented reasonable security measures appropriate for the facility.
- Bars and entertainment venues: Establishments that serve alcohol or attract large crowds may face security-related risks that require reasonable precautions when the circumstances make criminal or harmful acts reasonably foreseeable.
- Hospitals and medical facilities: Inadequate security in these settings can leave patients, visitors, and staff exposed to violent crimes.
The common thread is a property owner's failure to provide adequate security when the risk of harm was known or foreseeable.
What Missouri's Premises Liability Framework Requires
Missouri's premises liability law obligates property owners and business operators to take reasonable steps to protect visitors from foreseeable harm, including criminal acts by third parties, when those acts are predictable given the property's history and surroundings.
Missouri has a statutory framework called the "Business Premises Safety Act," found in Sections 537.785 and 537.787 of the Revised Statutes of Missouri. Under Section 537.787, a business generally has no duty to guard against criminal or harmful acts unless it knows or has reason to know that such acts are being committed or are reasonably likely to be committed in a particular area of the premises and sufficient time exists to prevent the crime or injury. Missouri case law also addresses duties arising from reasonably foreseeable criminal acts by third parties. The duty owed depends on the visitor's status:
- Invitees: Customers and others invited onto property for purposes connected to the property owner's business or interests may be owed a duty of reasonable care under Missouri premises-liability principles.
- Licensees: Social guests and other licensees may be owed different duties depending on the circumstances, including duties concerning known dangerous conditions.
- Trespassers: People who enter without permission generally receive fewer protections, although exceptions can apply under Missouri law.
For businesses covered by Missouri's Business Premises Safety Act, Section 537.787 provides that the statutory duty concerning criminal or harmful acts applies to a person who is lawfully on the premises without regard to whether that person is classified as an invitee or licensee.
For most negligent security claims, the injured person is an invitee, such as a customer at a store, a resident of an apartment complex, or a guest at a hotel. Depending on the circumstances, a business or property possessor may have a duty to take reasonable precautions against foreseeable criminal activity. Evidence concerning prior incidents, crime patterns, property conditions, and available security measures may be relevant to determining whether such a duty existed and whether it was breached.
Building a Negligent Security Case: The Evidence That Matters
A strong negligent security claim is built on documented proof that prior criminal incidents put the property owner on notice and that their failure to act caused the victim's injuries.
This is where the investigation separates a solid case from a weak one. Our negligent security attorneys gather and analyze:
- Prior incident records and police reports: Documented crimes on or near the property may provide important evidence concerning foreseeability and whether the property owner or business had notice of a security risk. The significance of those incidents depends on their nature, location, timing, and other circumstances.
- Surveillance footage: Video from security cameras can show the crime itself, reveal the absence of security guards, or document conditions like broken locks and inadequate lighting that made the property unsafe.
- Crime data for the surrounding area: Analyzing crime data from nearby streets or neighborhoods demonstrates whether violent crimes in the area made the property a foreseeable target.
- Maintenance and inspection records: A property owner's failure to fix reported security problems, such as locks, lighting, or fencing, shows the breach of duty directly.
- Expert analysis: Security professionals can testify about what reasonable security measures looked like for this type of property and whether the owner implemented them.
- Medical records: Documentation of your injuries ties the physical harm directly to the criminal act and supports your claim for medical expenses, future medical expenses, and lost wages.
Damages Available to Negligent Security Victims
Victims of negligent security in Missouri can pursue compensation for economic losses like medical expenses and lost wages, as well as non-economic damages like pain, suffering, and emotional distress.
A successful negligent security claim can recover:
- Medical expenses: Emergency care, surgery, hospitalization, rehabilitation, and ongoing treatment costs.
- Future medical expenses: Projected costs for long-term care, physical therapy, or psychological treatment stemming from the injuries or trauma.
- Lost wages: Income you lost while recovering, along with reduced earning capacity if the injuries are permanent.
- Emotional distress: Crime victims frequently experience PTSD, anxiety, and depression. Depending on the circumstances and the evidence presented, a negligent security claim may include compensation for emotional distress and other non-economic damages resulting from the injuries.
- Pain and suffering: Physical pain and the diminished quality of life caused by the injuries.
When a loved one is killed because a property owner failed to provide adequate security, surviving family members may bring a wrongful death claim. Missouri law provides a separate path for those cases, and our attorneys handle them as well.
Talk to Our Missouri Negligent Security Attorneys Today
If you or a family member was harmed on someone else's property because the owner failed to provide adequate security, you don't have to absorb those costs alone. Naji Injury Law represents negligent security victims across Missouri, from St. Louis County to St. Charles County and beyond, and we're ready to put in the work your case requires.
Call us at (314) 931-5016 or reach out online to schedule a free consultation. There's no fee unless we win.
