Louisville Negligent Security Lawyer
Property owners in Kentucky have a legal duty to take reasonable measures to keep their premises safe. This duty doesn’t just apply to fixing physical hazards like broken stairs or wet floors. It also includes maintaining adequate security when there is a foreseeable risk of crime.
When a property owner fails to provide reasonable security measures and someone is attacked, robbed, assaulted, or otherwise harmed, the victim may have what is known as a negligent security claim. At Haney Law, PLLC, our Louisville negligent security lawyers help people who have been injured because of preventable criminal activity pursue justice and compensation.
What Is Negligent Security?
Negligent security is a type of premises liability claim. These cases arise when a property owner or manager fails to take reasonable steps to protect lawful visitors from foreseeable criminal acts.
Examples include:
- An apartment complex that does not maintain working locks, gates, or lighting in common areas
- A shopping center that ignores repeated criminal activity and fails to hire security personnel
- A hotel that allows unauthorized people into guest-only areas
- A parking garage with broken security cameras or dark, isolated stairwells
In each of these situations, simple and reasonable precautions could reduce the likelihood of harm.
The Duty of Care
Kentucky law requires property owners and managers to keep their premises reasonably safe for invitees (such as customers, tenants, and guests). This duty includes assessing the risk of criminal activity based on prior incidents or the surrounding area, implementing reasonable security measures appropriate for the risk, and maintaining existing security features, such as locks, cameras, and lighting.
Owners are not expected to guarantee safety, but they must take reasonable steps to deter foreseeable harm.
Foreseeability and Prior Incidents
The key question in a negligent security case is often foreseeability. Could the property owner reasonably have anticipated the criminal act that led to your injury? To answer this question, courts look at factors such as:
- The history of similar crimes on or near the property
- Whether the area is known for high levels of criminal activity
- The type of business (e.g., bars and late-night retail establishments may require greater security)
- Any warnings or complaints about safety from tenants, employees, or customers
If a property has a documented history of crime but the owner failed to improve security, that failure can be strong evidence of negligence.
Common Security Failures in Louisville Negligent Security Claims
Negligent security cases often involve multiple breakdowns in safety protocols. Common examples include:
- Broken or missing locks on doors, gates, or windows
- Poor lighting in parking lots, stairwells, or hallways
- Lack of trained security guards when warranted
- Inadequate or non-functioning surveillance cameras
- Failure to respond to prior criminal activity with increased security
- Allowing unauthorized access to restricted areas
These lapses can create an environment where violent crime, theft, or assault is more likely to occur.
Types of Incidents That Can Lead to Claims
Negligent security lapses can lead to a wide range of criminal acts and harm, including:
- Assaults and sexual assaults
- Robbery or muggings
- Stabbings or shootings
- Carjackings in parking lots or garages
- Burglary or home invasions in apartment complexes
Victims of these crimes often suffer serious physical and emotional injuries. A negligent security claim can help provide compensation for medical bills, counseling, lost income, and other damages while forcing property owners to make their premises safer.
Louisville Landlord and Business Owner Liability
Landlords and business owners are frequently defendants in Louisville negligent security cases because they control access to their property and are responsible for maintaining safety. For example, landlords must maintain secure entry points, functional locks, and adequate lighting in apartment complexes. Business owners, meanwhile, must ensure their customers are safe in parking lots, entrances, and other common areas.
If a landlord or business owner fails to address known safety issues, they can be held liable when a foreseeable crime occurs.
Proving a Negligent Security Case
To win a negligent security claim, you must typically be able to establish that you were lawfully on the property, and the property owner failed to implement reasonable security measures. You must also be able to show how the criminal act was foreseeable based on the circumstances, and the lack of security was a substantial factor in your injury.
These cases can be complex because they involve both the criminal conduct of a third party and the property owner’s negligence. At Haney Law, PLLC, we conduct thorough investigations to uncover evidence of inadequate security, such as police records showing prior criminal activity, property maintenance and security logs, photos or videos of the premises, and testimony from tenants, employees, or security experts.
Comparative Fault and the “Open and Obvious” Argument
Property owners sometimes argue that the victim’s own actions contributed to the incident or that the risk was “open and obvious.” Kentucky’s comparative fault system allows you to recover damages even if you were partially at fault, but your compensation can be reduced by your percentage of responsibility. Attempts to place the blame on the victim are therefore common ways for property owners and insurers to avoid liability or lessen what they owe. We know how to counter these tactics and keep the focus where it belongs—on the property owner’s failure to take reasonable safety measures.
How Haney Law, PLLC, Can Help
Negligent security cases require swift and careful handling because evidence can disappear quickly. At Haney Law, PLLC, we:
- Secure critical evidence, including surveillance footage and crime records
- Consult with security experts to evaluate the property owner’s safety practices
- Build a clear, compelling case showing the crime was foreseeable and preventable
- Advocate for the full compensation you deserve
We have the experience and insight to navigate these complex claims and hold negligent property owners accountable.
Contact Haney Law, PLLC
If you were injured due to a property owner’s failure to provide adequate security in Louisville, you may have a claim. Haney Law, PLLC, is here to help you understand your rights and pursue justice and compensation for the harm done. Call us today for a free consultation.
