The level of security considered “reasonable” will vary depending on what type of property or business is involved. Security measures required at a property can include things like gated access, video monitoring, lighting, or onsite security.
Negligent Security Premises Liability
When negligent or inadequate security results in an injury or wrongful death, you may have a premises liability claim. Premises liability holds property owners legally responsible for accidents that occur on their property due to unsafe conditions.
Business owners and/or managers of the premises are responsible for maintaining the physical property – the lighting, walkways, stairs, and more – but also to ensure visitors to the property are reasonably safe from being victimized while on the property.
Negligent or Inadequate Security Conditions
Poor lighting can create negligent security conditions.
Examples of inadequate security include:
- Failure of the property owner, such as an apartment building owner, to provide and maintain adequate locks, security gates, security cameras or lighting necessary for the safety of residents
- Failure to complete background checks on employees, creating an environment susceptible to criminal activity
- Negligent staffing when the property owner hires individuals underqualified for security roles
- Inadequate parking lot surveillance or inadequate ATM security
- Inadequate protection for visitors or residents in a stairway, lobby or elevators
- Failure to respond to requests for security or an increase in security
- Unlocked gates and doors, blocked emergency exits
Security failures can occur anywhere:
- Parking ramps and lots
- Apartment complexes
- Office buildings
- Bars/nightclubs
- College campuses
- Entertainment venues (i.e., sports stadiums, amusement parks)
- Shopping malls
- Grocery stores
- Hotels and resorts
- Hospitals
- Government buildings and facilities
Need Additional Information?
Let us help you understand premises liability. Contact us at (877) 284-6600.
- Find blog articles related to Premises Liability.
- Under Mo. Rev. Stat. § 516.120, the statute of limitations for a negligent security claim is generally five years from the date of the incident.
Who is Responsible
In Missouri, any property owner, management company, retail business, or entity with legal responsibility for a property can be sued for inadequate or negligent security.
Proving Negligence
Negligent security claims arise when a property owner fails to take reasonable steps to protect visitors from foreseeable criminal acts. In Missouri, negligent security claims can be brought against businesses or property owners for crimes such as assault, robbery, and rape. In order to establish liability in a negligent security claim, the plaintiff must be able to prove:
- S/he was owed a duty of care by the defendant;
- The defendant’s security measures were negligent;
- S/he suffered actual harm; and
- The harm was caused by the defendant’s negligence.
Premises liability and negligence laws in Missouri allow individuals to sue for injuries caused by negligent security. Individuals can sustain severe physical injuries, mental trauma, and emotional distress because of an attack on another party’s property.
Common Injuries from Negligent Security
- Traumatic brain injuries/head trauma
- Neck and back injuries
- Spinal cord injuries/paralysis
- Internal organ damage
- Broken bones
- Soft tissue injuries
- Disfigurement and scarring
- Emotional and mental trauma (i.e., anxiety, panic attacks)
When you need a strong premises liability legal team
Negligent security premises liability claims hinge on “foreseeable and preventable” criminal acts of third parties. This is somewhat of a vague standard; however, you can trust the experienced premises liability lawyers at Nash & Franciskato to thoroughly investigate all aspects of your case, which may include:
- Quality of security precautions taken at the site, such as what plans and measures were in place, whether these were properly designed and if they were competently managed
- Qualifications, training and experience of the security firm and/or personnel
- Quality of the equipment used
- Gathering tapes from surveillance cameras and 911 calls
- Determining the crime rate of the location
We enlist expert testimony when needed to help establish whether the criminal conduct was foreseeable and preventable, helping you obtain compensation for things such as medical expenses, lost wages, loss of earning capacity, physical pain and suffering, mental suffering and any physical impairment.
When you have questions, our team is here to answer them for you.
Plus, our personal injury legal team gives you:
- Over 80 years of combined experience
- Trusted legal advisor committed to your needs
- Super Lawyers for over 10 years
- The AV Preeminence Rating for Ethical Standards & Legal Ability
- Compassionate advocacy for you and your family
Receive a Free Evaluation from Experienced Premises Liability Attorneys
While cases involving inadequate or negligent security can be difficult to prove, the experienced Kansas City premises liability attorneys at Nash & Franciskato know what to look for and how to prove unsafe conditions. Contact us for a free, no-obligation case evaluation.
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Editor’s note: Page was originally published February 11, 2016 and was updated for content and accuracy on July 22, 2024.