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Understanding Negligent Security Claims 

When you step onto someone else’s property—whether it’s an apartment complex, hotel, parking garage, or shopping center—you have the right to feel safe. Property owners and businesses in Memphis are legally obligated to maintain adequate security measures to protect visitors from foreseeable harm. You may have grounds for a negligent security claim when they fail to do so and you or a loved one is injured due to criminal activity.

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Your Safety Matters. When Property Owners Fail, ’Maggio Law Fights for You.

With decades of legal experience and a track record of holding negligent parties accountable, our team fights relentlessly to secure the compensation our clients deserve. If you need a skilled negligent security attorney, we are here to help. We understand the devastating impact of violent crime, and we are committed to delivering justice for those harmed due to inadequate security. If you or a loved one has been injured due to negligent security in Memphis, contact us today for a free, no-obligation consultation, and let us fight for the justice and compensation you deserve.

What Is Negligent Security?

In Tennessee, negligent security falls under premises liability law. A property owner may be liable for negligent security if they fail to take reasonable steps to prevent foreseeable crimes like assaults, robberies, shootings, and other violent crimes.

Common examples include:

  • Failure to provide adequate lighting in parking lots, stairwells, and common areas
  • Broken or malfunctioning security cameras that fail to deter or capture criminal activity
  • Untrained or insufficient security personnel who are unable to prevent or respond to incidents
  • Faulty locks, gates, or doors that allow unauthorized individuals to enter
  • Ignoring previous incidents of crime on or near the property without implementing better security measures
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Who Can Be Held Liable for Negligent Security in Memphis?

  • Property Owners: Individuals or entities owning the premises where the incident occurred.​
  • Property Managers: Those responsible for overseeing property operations and ensuring safety protocols.
  • Business Owners: Operators of establishments like bars, restaurants, or retail stores where patrons might be at risk.
  • Landlords: In residential settings, landlords must ensure common areas are secure for tenants.​

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Common Locations for Negligent Security Claims in Memphis

  • Apartment Complexes: Poor lighting, broken locks, or lack of security patrols can create dangerous environments.
  • Hotels and Motels: Guests should be protected from criminal activity through secure entrances, surveillance cameras, and well-lit parking lots.
  • Parking Garages and Lots: Isolated or dimly lit areas without security patrols can be hotspots for crime.
  • Bars, Nightclubs, and Restaurants: Establishments that serve alcohol must provide adequate security to protect patrons from violent encounters.
  • Shopping Centers and Retail Stores: Owners must ensure that shoppers are not exposed to unnecessary risks due to a lack of security measures.
  • College Campuses and Dormitories: Schools must take reasonable precautions to protect students from preventable harm.
  • Gas Stations and Convenience Stores: These locations are frequent targets for criminal activity, and poor security can make customers vulnerable.

How to Prove Liability in a Negligent Security Claim

In a negligent security case, your Memphis negligent security claim lawyer will establish liability by proving that a property owner or responsible party failed to take reasonable steps to prevent foreseeable criminal acts, ultimately leading to a victim’s harm. This process involves several key legal elements:

Duty of Care

Property owners, landlords, business owners, and managers are legally obligated to provide a reasonably safe environment for visitors, tenants, and customers.

This duty includes implementing appropriate security measures based on the property's nature and history of crime.

Breach of Duty

The injured party must demonstrate that the property owner failed to take reasonable security precautions. Examples of inadequate security measures include:

  • Poor or nonexistent lighting in parking lots, hallways, or stairwells
  • Broken or absent locks on doors and gates
  • Lack of security personnel in high-risk areas
  • Failure to install or maintain surveillance cameras
  • Ignoring prior incidents of criminal activity on or near the property
  • Failing to warn visitors about known security risks

Foreseeability of Crime

One of the most critical factors in proving liability is demonstrating that the crime was foreseeable. If a property is in an area with a history of violent crime or previous incidents on the premises, the owner should have taken preventive measures. Courts often consider:

  • Crime rates in the area
  • Prior incidents on the property
  • Whether similar businesses or properties in the area had security measures in place

Causation

The victim must prove that the lack of reasonable security directly contributed to the harm suffered. This means showing that, had appropriate security measures been in place, the crime would have been prevented or the risk significantly reduced.

Damages

Finally, the victim must demonstrate that they suffered actual damages due to the negligent security. This can include:

  • Medical expenses
  • Lost wages due to injuries
  • Emotional distress and trauma
  • Physical pain and suffering
  • Loss of quality of life

For Example…

Imagine a person being assaulted in the parking lot of a Memphis apartment complex that had no functioning security cameras, inadequate lighting, and a history of violent crimes. The victim could argue that the apartment management failed to take reasonable precautions to prevent foreseeable criminal activity. If the evidence supports that proper lighting or security patrols could have deterred the attack, the property owner could be held liable for negligent security.

By working with a skilled negligent security lawyer, victims can gather evidence, including crime reports, surveillance footage, and witness testimonies, to build a strong case against the negligent party. At ’Maggio Law, we are committed to holding negligent property owners accountable and securing the compensation victims deserve.

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Injuries and Damages in Negligent Security Cases

When a property owner’s negligence results in a crime, victims can suffer severe physical, emotional, and financial harm, including:

  • Physical injuries (gunshot wounds, stabbings, broken bones, head trauma, etc.)
  • Medical expenses (emergency care, surgeries, rehabilitation, and ongoing treatment)
  • Lost wages and loss of earning capacity
  • Emotional distress, PTSD, and trauma
  • Pain and suffering
  • Wrongful death damages if a loved one was fatally harmed due to negligent security

What is the Statute of Limitations for Negligent Security Claims?

In Tennessee, including Memphis, individuals seeking to file a negligent security claim must do so within one year from the incident date. This timeframe aligns with the state's statute of limitations for personal injury cases, as outlined in Tennessee Code § 28-3-104. Adhere to this one-year deadline; failing to file within this period typically results in the forfeiture of the right to pursue legal action.

Tennessee courts strictly enforce this statute, and exceptions are rare. Given this statute's stringent nature, victims of negligent security incidents must consult with a qualified attorney promptly. Early legal guidance ensures that all procedural requirements are met and the claim is filed within the allowable timeframe, preserving the individual's right to seek compensation.

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Why Choose ’Maggio Law for Your Negligent Security Case?

At ’Maggio Law, we don’t back down from influential property owners, corporations, or insurance companies that refuse to take responsibility. We understand the devastating impact of violent crimes and believe victims deserve justice and maximum compensation.

When you partner with us, you can expect:

  • Aggressive legal representation against negligent property owners and insurers
  • Personalized attention—you work directly with an experienced attorney
  • Proven results—we have recovered millions for injured clients
  • No fees unless we win—we take your case on a contingency basis

Our negligent security claim attorney in Memphis will fight to hold negligent property owners accountable and secure the compensation you need to move forward. If you or a loved one suffered serious injuries due to negligent security in Memphis, call ’Maggio Law today for a free, no-obligation consultation.

Negligent Security Claims FAQ

Can I file a negligent security claim if I was injured in a public place?

Yes. While most negligent security cases involve private property, public places like parks, transit stations, or government buildings can also be liable if they fail to provide adequate security. However, filing a claim against a government entity involves additional legal hurdles, such as sovereign immunity and shorter filing deadlines.

What if I was a trespasser on the property—can I still file a claim?

Generally, property owners do not owe a duty of care to trespassers. However, exceptions exist, especially if the property owner was aware that trespassing frequently occurred and failed to secure dangerous areas. Additionally, if the owner acted recklessly or willfully caused harm, they may still be held liable.

How does the crime rate in the area affect my claim?

If a property is located in a high-crime area, owners are more responsible for implementing security measures such as lighting, security guards, and surveillance cameras. The court will examine whether the owner ignored or failed to respond to known risks in the area.

What happens if the crime occurred at an event or concert?

Venues hosting concerts, festivals, and other events are responsible for ensuring sufficient security based on the expected crowd size and risks associated with the event. If an assault, robbery, or another crime occurs due to inadequate security, the event organizer, property owner, or security company may be held liable.

Can I file a claim if I was injured by an employee of the business or property?

Yes. If a business owner fails to conduct background checks, properly train staff, or ignore warning signs about an employee’s behavior, they can be held liable for crimes committed by their staff, such as assaults or sexual misconduct.

What if I was partially at fault for the incident?

Tennessee follows a modified comparative negligence rule. If you are found partially responsible for your injuries (e.g., engaging in risky behavior or ignoring posted warnings), your compensation may be reduced. However, you can still recover damages if you are less than 50% at fault.

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