Negligent Security in Arizona: When a Property Owner's Failure Leads to Assault

When a person is assaulted, robbed, or otherwise harmed by a third party's crime on someone else's property, the property owner may share legal responsibility. This area of law, negligent security, recognizes that owners of apartments, hotels, parking garages, bars, and other businesses have a duty to take reasonable measures to protect people on their property from foreseeable harm.

Crime Can Be a Premises Liability Issue

The criminal who committed the assault is obviously responsible, but they are often unidentified or have no resources. A negligent security claim against the property owner can provide a path to compensation.

The Key Question: Foreseeability

Negligent security claims turn on foreseeability, whether the owner knew or should have known that crime was likely. Evidence of prior crimes on or near the property, a dangerous neighborhood, or specific threats can establish that the harm was foreseeable.

If crime was foreseeable, the owner had a duty to take reasonable precautions, and a failure to do so can constitute negligence.

What Reasonable Security Looks Like

Depending on the circumstances, reasonable measures might include adequate lighting, functioning locks and gates, security cameras, security personnel, and controlled access. When an owner ignores broken locks, lets lighting fail, or removes security despite a history of incidents, and a foreseeable crime results, liability may follow.

Arizona's many apartment complexes, hotels, and entertainment venues make negligent security a real concern, particularly where owners cut corners on safety.

Pursuing a Negligent Security Claim

These cases require evidence of the property's security history and condition, prior incident reports, police records, maintenance logs, and the like, much of which the owner controls and may not preserve. If you were harmed by crime on a poorly secured property, a free review can assess whether the harm was foreseeable and whether the owner failed in its duty.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.