You Were Attacked on someone else’s property
Whether it was in an apartment complex, a parking garage, a hotel, or a business, your world may well have been turned upside down. You survived something terrifying, and you are living with the physical and emotional aftermath. In all of that, a hard question may be surfacing: could this have been prevented? If the property had been properly secured, better lit, its locks working, cameras in place, a guard on duty, would this ever have happened to you?
Often, the honest answer is no, it would not have. And when a property owner’s failure to provide reasonable security allowed a foreseeable crime to happen, that owner can be held legally responsible, alongside the person who attacked you. This does not excuse the criminal. It recognizes that the property owner had a duty to protect you and failed.
This article explains the signs that you may have a negligent security claim after an assault. It explains the concept of foreseeability at the center of these cases. And it explains what you can do next. If any of this sounds like your situation, Lupetin & Unatin is here to help.
Contact Us for a Free, Confidential Consultation
Article written by Brendan Lupetin, Esq. Brendan is a managing partner in the law firm of Lupetin & Unatin, a medical malpractice law firm located in Pittsburgh and serving Western Pennsylvania.
Our practice is limited to high-value catastrophic cases because that is where we can do the most for our clients and for patient safety.
A Quick Word on How These Cases Work
To understand whether you have a claim, it helps to understand how negligent security works. We have written a full, plain-language guide: negligent security: when a property owner fails to protect you, which explains a property owner’s duty, the concept of foreseeability, and the security failures that lead to liability. This article focuses on recognizing a claim. For the background, we will point you to that companion guide.
The single most important thing to know is this. A property owner can be responsible for a crime committed by someone else when the crime was foreseeable and the owner failed to take reasonable security measures to prevent it. Foreseeability usually comes from prior crimes on or near the property. So the key questions are: did the owner have reason to know this kind of thing could happen, and did they do what a reasonable owner should have done to protect you?
Signs You May Have a Negligent Security Claim
Below are the signs that point to a negligent security claim. If several of these fit your situation, it is worth having a lawyer investigate.
There Had Been Crime on the Property Before
This is the most important sign. If similar crimes, assaults, robberies, break-ins, had happened on the property before your attack, the owner was likely on notice that it could happen again, and had a duty to take reasonable steps to prevent it.
The Property Is in a High-Crime Area
Even without a long history on the site itself, a high rate of violent crime in the surrounding area can make an attack foreseeable. A reasonable owner in a higher-risk location is expected to provide security that fits the risk.
The Lighting Was Poor
Darkness enables crime. If your attack happened in a poorly lit parking lot, garage, stairwell, walkway, or entrance, inadequate lighting may have made you a target and may be a key part of a claim.
Locks, Gates, or Security Equipment Were Broken or Missing
If a door lock, security gate, or window latch was broken, or if security cameras were missing or not working, those failures can be central to a case, especially in apartment buildings and hotels. This is even stronger if the property advertised itself as “gated” or “secure.”
There Were No Guards or Patrols Where There Should Have Been
If the property’s risk level called for security guards or patrols and there were none, or if guards were present but inadequate or inattentive, that failure may support a claim.
Prior Complaints Were Ignored
If tenants, guests, customers, or employees had complained about broken locks, poor lighting, or safety concerns, and the owner did nothing, that is powerful evidence the owner knew about the danger and failed to act.
You Suffered Serious Physical or Psychological Harm
Negligent security cases typically involve severe harm, gunshot or stab wounds, beatings, sexual assault, brain injury, or the deep and lasting trauma these crimes cause. If you were seriously harmed, physically or psychologically, your case warrants a full investigation.
Foreseeability: Why the Property’s History Matters So Much
The reason a property owner can be responsible for someone else’s crime comes down to foreseeability. The law does not expect owners to prevent every unpredictable act. But it does expect them to guard against dangers they reasonably should have seen coming.
That is why the property’s history is so important. If there had been prior assaults in the same parking garage, prior break-ins at the same apartment complex, or a pattern of violent crime the owner knew about, then the crime against you was foreseeable, and the owner had a duty to respond with reasonable security. The Bureau of Justice Statistics tracks where violent crimes occur, in commercial establishments, parking areas, and residences, precisely because location is a meaningful predictor of risk. Uncovering that history, through police records, incident reports, and prior complaints, is often what makes or breaks these cases. You usually cannot see all of that evidence on your own, but a thorough investigation can.
The Serious Harm These Crimes Cause
Because negligent security cases involve violent crime, the harm is often catastrophic and lasting:
- Serious physical injuries, including gunshot wounds, stab wounds, and injuries from beatings.
- Traumatic brain injuries.
- Permanent disability or disfigurement.
- The profound harm of sexual assault.
- Psychological trauma, including post-traumatic stress disorder, anxiety, and depression, which can be as disabling as physical injuries.
- Wrongful death, when a loved one does not survive, which may give the family a claim.
What You Should Do Now
If you think you may have a negligent security claim, here is what to do.
Prioritize your safety and your health. Get medical care, and get support for the emotional trauma, which is real and important. Your recovery comes first.
Preserve what you can. Note exactly where and when the attack happened, and any details about the lighting, locks, gates, cameras, or absence of security. If there is a police report, keep the number.
Act quickly to preserve evidence. Surveillance video is often crucial and can be erased within days. The property’s condition can change. A lawyer can move fast to preserve this evidence and to obtain the property’s crime history.
Be careful with the property owner’s insurer. Do not give a recorded statement to the owner’s insurance company before talking to a lawyer.
Act within the deadlines. Pennsylvania generally gives you two years to file, though some situations can require notice sooner.
Talk to a lawyer who handles these cases with care and skill. Negligent security cases are complex and sensitive. They require investigating the property’s history and working with security experts, and they call for a firm that will treat you with compassion.
How Lupetin & Unatin Can Help
We are Lupetin & Unatin, a Pittsburgh law firm, and we are among the most accomplished premises liability trial lawyers in Pennsylvania. Our results in premises cases are, we believe, among the best in the Commonwealth, including what are believed to be the two largest slip-and-fall verdicts in Erie County history and a $2.1 million jury verdict against Target Corporation. We bring that same skill and resolve to holding property owners accountable when their failure to provide reasonable security leads to a devastating crime.
We handle these cases with care for what our clients have been through, and with determination against the owners and insurers who resist responsibility. We investigate the property’s crime history, obtain police and incident records, work to secure surveillance video before it disappears, and consult security experts to show what reasonable protection would have looked like. When insurers refuse to be fair, we are trial lawyers who take cases to juries.
We take a limited number of cases so we can give each one real attention. We work on a contingency fee, which means you pay nothing up front. You pay nothing unless we win. We advance the costs of building your case, and if we do not recover for you, you owe us nothing.
If you or someone you love was harmed in a crime that reasonable security might have prevented, you deserve answers. A short, confidential conversation can tell you a lot.
Frequently Asked Questions
Because property owners have a duty to take reasonable steps to protect the people they invite onto their property from foreseeable crime. When a crime was foreseeable, often because of prior crimes on or near the property, and the owner failed to provide reasonable security, the owner can share responsibility for the harm, alongside the criminal. It does not excuse the attacker; it holds the owner accountable for their own failure.
That usually depends on evidence you may not have access to on your own, such as the property’s history of prior crimes, police call records, and past complaints. A thorough investigation can uncover whether the owner knew, or should have known, that this kind of crime could happen. That is a key part of what we investigate.
In most cases, the deadline is two years, though some situations can require notice sooner. Because surveillance video and other evidence can disappear quickly, and these investigations take time, it is best to call as soon as possible.
Nothing up front. We work on a contingency fee, which means we only get paid if we win money for you. There is no fee to talk with us and no fee to review your case. We advance the costs of building the case, and if we do not recover for you, you owe us nothing.
Reach Out Today
If any part of this article sounds like your situation, please contact Lupetin & Unatin. Tell us what happened, in confidence and without pressure. We will listen. We will investigate. We will tell you honestly whether we think you have a case.
What happened to you was not your fault, and if a property owner’s failure to protect you helped make it possible, you have the right to hold them accountable. Let us help you find out what really happened. Call Lupetin & Unatin today for a free, no-pressure review of your case.