Negligent Security Premises Liability Claims
You were assaulted or attacked on someone else's property. The property owner knew the risk existed and failed to protect you. Andrade Law holds Minnesota property owners accountable when their security failures lead to preventable violence and injury.
Free Consultation: No fees unless we win your case. Past results do not guarantee future outcomes. This information is for educational purposes only.
Security Failures
How Negligent Security Leads to Assault and Injury
Negligent security claims arise when a property owner fails to implement reasonable safety measures and someone is injured by criminal activity on the premises. The attack itself is committed by a third party. But the property owner created the conditions that made it possible.
These cases are not about blaming a landlord for all crime. They are about holding property owners responsible when they ignore known dangers, cut security budgets to save money, or let basic protections deteriorate until someone gets hurt.
- Broken or missing locks on exterior doors, stairwell entries, and parking garage gates that allow unauthorized access
- Inadequate lighting in parking lots, stairwells, walkways, and common areas that conceals attackers
- No security cameras or non-functioning surveillance systems that fail to deter criminal activity
- Absent or undertrained security guards at properties where the crime history demands on-site personnel
- Broken access control systems including malfunctioning intercoms, key card readers, and security gates
Common Negligent Security Locations
- Apartment complexes and rental properties
- Parking lots and parking garages
- Hotels, motels, and extended-stay properties
- Bars, nightclubs, and entertainment venues
- Shopping centers and retail stores
- Gas stations and convenience stores
- Office buildings and commercial properties
Minnesota Law
The Foreseeability Standard for Property Owner Liability
Minnesota law does not require property owners to prevent all crime. But when criminal activity on a property is foreseeable, the owner has a duty to take reasonable steps to protect visitors, tenants, and guests. Foreseeability is the central question in every negligent security case. For the broader legal framework on property owner obligations, see premises liability and property owner negligence claims.
Courts evaluate foreseeability by examining the property's history. Prior criminal incidents on the premises, police call logs, complaints from tenants, and crime patterns in the surrounding area all establish whether the owner knew or should have known that violence was likely. Under Minnesota's comparative fault standard (Minn. Stat. § 604.01), your recovery is reduced by your percentage of fault but not eliminated unless your fault exceeds 50%. Attorney Gabriel Andrade builds the foreseeability record that connects the owner's inaction to your injuries.
Prior Incidents
Previous assaults, robberies, break-ins, or violent crimes on the property establish that the owner had actual notice of the danger. A single prior incident in the same location can be enough to create a duty to upgrade security.
Industry Standards
Security professionals follow established guidelines for lighting levels, camera placement, access control, and guard staffing based on property type and risk profile. Falling below these standards is evidence of negligence.
Constructive Knowledge
Even without prior incidents on the exact property, crime data from the surrounding area, tenant complaints about safety, and the property's physical characteristics (isolated, poorly lit, high foot traffic) can establish constructive knowledge of the risk.
Your Attorney
Gabe Andrade
Minnesota Personal Injury Attorney
Gabriel E. Andrade brings a personal commitment to every case. As a dedicated personal injury attorney serving the Greater Twin Cities, Gabe combines legal expertise with genuine compassion for clients facing difficult times.
Professional Associations
Common Scenarios
Where Negligent Security Attacks Happen
The specific security failures vary by property type, but the underlying negligence follows a consistent pattern: the owner knew the risk, had the ability to reduce it, and chose not to. I see the same scenarios repeatedly in negligent security cases across Minnesota.
Parking Lot and Garage Attacks
Dimly lit parking structures and surface lots with no cameras, no patrols, and no emergency call stations are prime locations for muggings, carjackings, and sexual assaults. Property owners who manage high-traffic commercial lots have a heightened duty to provide adequate lighting and surveillance, especially during evening and nighttime hours.
Apartment Complex Assaults
Broken entry locks on apartment buildings allow unauthorized individuals into hallways, laundry rooms, and stairwells. Landlords who receive tenant reports about non-functioning locks or unfamiliar people in the building and fail to act are liable when those failures result in an assault on a resident or visitor.
Hotel and Motel Violence
Hotels owe guests a heightened duty of care. Malfunctioning room locks, propped-open exterior doors, absent front desk staff during overnight hours, and lack of hallway surveillance cameras all create opportunities for room invasions and assaults that the property could have prevented.
Bar and Nightclub Violence
Establishments that serve alcohol have a foreseeable risk of patron violence. Inadequate bouncers, no ID verification, overserving, and failure to intervene in escalating confrontations all support negligent security claims. The duty extends to the parking area and surrounding property controlled by the venue.
Building Your Case
How I Investigate Negligent Security Claims
Negligent security cases require two parallel investigations: documenting the criminal attack itself and proving the property owner's security failures made it foreseeable and preventable. Gabriel Andrade, licensed Minnesota attorney (Bar #0402606), builds both tracks simultaneously to establish liability.
Crime History and Police Call Records
I obtain the full police call history for the property address through public records requests. Prior 911 calls, incident reports, arrests, and crime complaints at the location establish the pattern that made your attack foreseeable. A property with dozens of prior police calls cannot claim it had no reason to expect criminal activity.
Security System Audit
I document every security measure the property had in place at the time of the attack and every measure it lacked. Broken cameras, burned-out lights, non-functioning locks, missing security personnel, and disabled alarm systems are photographed, catalogued, and compared against industry standards for the property type. Preserve this evidence quickly with our secure evidence locker.
Security Consultant Analysis
I retain a certified security consultant to evaluate the property against recognized standards from ASIS International and the International Association of Professional Security Consultants. Their report identifies specific security deficiencies and explains what measures would have been reasonable given the property's risk profile and crime history.
Damages Documentation
Negligent security victims often suffer both physical injuries and severe psychological trauma. I coordinate with your medical providers and mental health professionals to document the full scope of harm — from emergency treatment and surgical costs to PTSD diagnosis, therapy needs, and the lasting impact on your ability to feel safe. Use our injury severity point calculator to understand how insurers evaluate these claims.
Damages
Compensation for Negligent Security Injuries
Negligent security cases often involve both physical and psychological injuries that require years of treatment. The emotional toll of being attacked on property where you should have been safe compounds the physical harm. Minnesota law allows full recovery for both categories of damage. Insurance companies that represent property owners consistently undervalue the psychological component. I don't let them.
Economic Damages
- Emergency medical treatment, surgery, and hospitalization
- Ongoing mental health therapy and psychiatric care for PTSD
- Lost wages and diminished earning capacity
- Relocation costs when victims must leave the property
Non-Economic Damages
- Pain and suffering from the attack and recovery
- Post-traumatic stress, anxiety, and hypervigilance
- Loss of sense of personal safety and security
- Loss of enjoyment of life and daily activities
When a negligent security attack results in catastrophic or permanent injuries, the damage calculations must account for lifetime care, ongoing therapy, and the full economic impact on your future. Our catastrophic lifecare cost calculator helps project these long-term costs. Related claims may include emotional distress litigation and assault and battery civil claims.
Frequently Asked Questions
Negligent Security Questions
Can I sue the property owner even though a criminal attacked me?
Yes. Minnesota law recognizes that property owners have a separate and independent duty to protect visitors from foreseeable criminal acts. Your negligent security claim is against the property owner for failing to provide adequate security, not against the criminal attacker (though you may also have a civil claim against the attacker). The property owner's liability exists because they had the power to reduce the risk through reasonable security measures and chose not to. These are two distinct legal theories, and you can pursue both.
What should I do immediately after being assaulted on someone else's property?
Call 911 and get medical attention first. Even if your physical injuries seem manageable, a medical record created the same day is critical evidence. Request a copy of the police report. Photograph the scene if you are able to — the lighting conditions, the entrance you used, any broken locks or missing cameras, and the area where the attack occurred. Save all text messages, emails, or prior complaints you made to the property owner about safety concerns. Do not give recorded statements to the property owner's insurance company without consulting an attorney. Evidence in negligent security cases degrades quickly — cameras overwrite footage, locks get repaired, and witnesses become harder to locate.
How long do I have to file a negligent security claim in Minnesota?
Minnesota's statute of limitations for personal injury is six years from the date of the attack under Minn. Stat. § 541.05. If the property is owned by a government entity, you must file a notice of claim within 180 days. Regardless of the deadline, I recommend contacting an attorney within days of the incident. Surveillance footage is typically overwritten within 30 to 90 days, property owners may repair security deficiencies after an incident, and witnesses' memories fade. The evidence that proves foreseeability and security failure must be preserved before it disappears.
Does the property owner need to have security guards to avoid liability?
Not necessarily. The required level of security depends on the property type, its location, and its history of criminal activity. A low-crime residential property may satisfy its duty with functioning locks, adequate lighting, and working surveillance cameras. A high-traffic commercial property with a documented history of assaults may need on-site security personnel, monitored camera systems, and controlled access points. The standard is reasonableness — what a prudent property owner would do given the known risks. I work with security consultants who evaluate whether the property's measures matched its risk profile.
Can I file a negligent security claim if I was attacked at a bar or nightclub?
Yes. Bars and nightclubs that serve alcohol have a foreseeable risk of patron violence, which creates a heightened duty to maintain security. Inadequate door staff, failure to check IDs, overserving intoxicated patrons, and failure to intervene in escalating confrontations all support a negligent security claim. If the venue has a history of fights, assaults, or police calls and failed to increase security measures, their liability is even stronger. The claim may also extend to the parking lot and adjacent property controlled by the establishment. Related: premises liability and property owner negligence claims.
Attacked Due to Negligent Security?
Property owners who cut corners on security should answer for the violence their negligence enables. Contact Andrade Law for a free case review — no fees unless we recover compensation for you.
Areas We Serve
Negligent Security Claims Across Minnesota
Andrade Law represents victims of negligent security attacks throughout the Twin Cities metro and greater Minnesota.