When a crime like assault, robbery, or even worse happens on someone else’s property, many people instinctively think only the criminal should be held responsible. But the truth is, if that incident could’ve been prevented by reasonable security measures, others may share legal blame. This may include responsible parties such as landlords, businesses, or security companies.
At Friedman & Throop, we help residents in the northern Nevada area understand their rights, identify every potential defendant, and take swift legal action. Knowing who to sue in a negligent security lawsuit, and why, can make the difference between a dismissed claim and a significant recovery of damages. If you’ve been the victim of a crime due to negligent security, keep reading to learn exactly who might have a legal responsibility to compensate you for failing in their duty to secure their premises.
What is Negligent Security?
Negligent security falls under premises liability law, which holds property owners responsible for keeping their premises safe. When someone is a victim of a foreseeable crime by a third party, and that crime could have been avoided with reasonable security measures, the owner may be held legally responsible. In the state of Nevada, foreseeability is a specific legal requirement when proving negligent security in a lawsuit. This means that the victim must show that the defendant could have anticipated that a criminal act was likely to occur, and failed to take preventive measures.
It’s important to note that the law does not require that property owners guarantee absolute safety. However, they must take reasonable steps to protect lawful visitors from preventable harm, particularly in locations where crime is known to occur. Examples of security negligence can include:
- A hotel with rooms that have broken locks that allow unauthorized access.
- An apartment complex with missing or broken security cameras, despite a history of break-ins.
- A parking garage with insufficient lighting that enables muggings or assaults.
- A shopping mall that fails to hire adequate security personnel during peak hours.
- A security guard abusing their power and using excessive force that causes an injury.
Determining Responsible Parties In a Lawsuit
Negligent security lawsuits are rarely straightforward. Oftentimes, more than one entity had the power to prevent the incident, and each may share legal blame. With the help of a negligent security attorney, victims can properly identify all parties responsible. This not only strengthens your case, but also maximizes your financial recovery. Below are some of the various parties that may be held liable in a negligent security lawsuit.
Business/Property Owners and Landlords: They are the most common defendants in these lawsuits and are typically responsible for ensuring their premises are safe for business invitees and tenants.
Business Operators: Individuals who operate a business on behalf of the owner may also bear responsibility in the event of a crime. For example, a store manager that hired an unqualified security guard or failed to maintain functional security cameras.
Security Companies: If a third-party security company was contracted to protect the premises, they could be held liable if their negligence contributed to the incident. This includes hiring unqualified guards, improperly training guards, failing to monitor video feeds, ignoring emergency calls, or using excessive force when unwarranted. A negligent security attorney can subpoena training records, surveillance footage, and incident logs to prove the company’s role in the failure.
Employees and Security Personnel: Sometimes the individual actions of employees, like a front desk worker who ignores a suspicious person or a security guard who fails to act while on duty, can play a major role. In some instances, security guards may even be found negligent for harassment, assault, or using excessive force. If these employees failed to take proper security measures, they might be individually named in a lawsuit or contribute to their employer’s liability.
Property Management Companies: Property management firms are often tasked with maintaining safety and responding to complaints from tenants. For example, if an apartment complex or management company ignored repeated maintenance reports about security concerns, or simply failed to provide reasonable security measures they could be deemed negligent. Common security concerns might include: broken locks, unsecured entry points, broken keycard systems, or loitering.
Apartment Complexes: These types of properties have a duty to provide a reasonably safe living environment for tenants. That means ensuring proper security protocols are in place such as: adequate lighting throughout the property ( ex. stairwells or garages), functioning security cameras and alarm systems, secure entry points and keycard systems, and hiring security staff. If an apartment complex has failed to provide security measures or repeatedly ignored resident concerns this can be grounds for a negligent security lawsuit.
Event Organizers: When organizing events like concerts, festivals, or sport games, planners must take crowd control and security seriously. If an incident occurs at an event due to poor planning, inadequate exits, hiring unqualified or improperly trained guards, or failure to screen attendees, the event organizers may be held responsible.
Can Multiple Parties Share Liability?
Absolutely. In many cases, negligent security incidents involve overlapping responsibility, especially those involving serious injury. Nevada law provides a structured framework for dividing legal responsibility among multiple parties.
Several Liability
Courts typically determine each party’s level of responsibility according to Nevada’s several liability laws. Under this rule, each party is held responsible only for their proportionate share of fault, as determined by the evidence presented at trial or settlement negotiations. For example, if a court finds that one party is 40 percent responsible and another is 60 percent, they will only be required to pay those amounts respectively. This is why working with a negligent security attorney to identify every potentially responsible party early in the legal process is vital to ensuring full financial recovery.
Comparative Negligence
Nevada courts don’t just evaluate the legal responsibility of defendants. They also evaluate whether the plaintiff played a role in contributing to the incident. For example, if an individual ignores signage restricting access to certain areas of a property and is injured as a result, the court may find them partially responsible. This is known as comparative negligence, as defined in NRS 41.141. This means a victim can still recover damages even if they were partially at fault for the incident, so long as their share of the blame does not exceed 50 percent. If their own negligence exceeds 50%, they are barred from recovery altogether.
This legal standard makes it critical to have a negligent security attorney that is able to present a strong case that not only proves the defendants’ liability, but also defends against any attempts to shift blame onto the plaintiff.
What About the Person Who Committed the Crime?
It’s a fair question. Shouldn’t the criminal be held responsible? Yes, and that is done through criminal court, not civil court. Criminal cases are handled by the state and focus on punishing the perpetrator through jail time or fines. A negligent security lawsuit is a civil action focused on recovering money damages for the victim. Holding the property owners accountable forces them to improve safety, potentially preventing the same thing from happening to someone else.
Recovering Damages in a Negligent Security Lawsuit
Victims of negligent security incidents may be entitled to recover a wide range of damages, depending on the nature and severity of the harm they suffered. Damages can include compensation for medical expenses, lost wages, loss of earning capacity, property damage, emotional distress, and in some cases, punitive damages if the defendant’s conduct was especially reckless. The goal of a negligent security lawsuit is not only to hold the responsible parties accountable, but to also help the victim regain financial and emotional stability after a life-altering event.
In some cases, the lawsuit may not go to trial. Instead, the matter can be resolved through a negligent security settlement, where the responsible parties agree to compensate the victim for damages caused without the need for court proceedings. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge will determine liability and award appropriate damages.
How a Negligent Security Attorney Can Help You Identify the Right Party
Figuring out who might be responsible in a negligent security case can be confusing, especially when multiple parties may share blame. That’s where Friedman & Throop steps in. Our negligent security attorneys understand the complexities involved in these cases and know exactly what to look for to build a strong claim. With a deep knowledge of Nevada’s legal standards, our founding lawyers, Terry Friedman and Julie Throop, bring over 90 combined years to the courtroom fighting for victims in Reno and holding the appropriate parties accountable whether that’s a negligent landlord, a careless security company, or an event organizer who failed to implement reasonable safety measures. With our team by your side, you can be confident your case will be thoroughly reviewed and every responsible party identified, maximizing your chances for fair compensation.
Schedule a Free Consultation with Friedman & Throop
At Friedman & Throop Law Office, we specialize in holding negligent property owners accountable. Our team knows how to investigate, strategize, and litigate complex negligent security cases with compassion and the expertise it takes to win. Contact us today for your free consultation. We’ll review your case, explain your rights, and help you decide your next move. You deserve safety, respect, and justice, and we’re here to make sure you get it.
Foundry.