Serious injury or death that results when a property owner fails to provide adequate security on the premises can give rise to a negligent security claim. Assaults, robberies, and other violent crimes that occur at apartment complexes, office buildings, restaurants, and parking areas may make the owner or operator of the property legally responsible. The Chicago negligent security attorneys at McDevitt & Cobb, P.C. can evaluate your case and pursue the parties responsible.
We do not expect to be the victim of a violent crime when we walk into an apartment building, a hotel parking lot, a restaurant, or a store. Property owners know that. They also know that when their property is foreseeably dangerous and they fail to put basic, reasonable safety measures in place, the people who use the property can be hurt or killed. Negligent security cases hold those owners and operators accountable.
If you or a family member was attacked, injured, or killed at a property because of inadequate security, you may have a claim. These cases are factually complex and aggressively defended, and they should be handled by an attorney with experience investigating them.
Negligent security is a type of premises liability claim. Under Illinois law, property owners and managers owe people who are lawfully on the premises a duty to use reasonable care to keep the property safe. When the property is in an area where violent crime is foreseeable, that duty extends to taking reasonable steps to protect visitors from criminal acts by third parties.
Whether the duty was breached depends on what the owner knew, what the owner should have known, and what reasonable security measures would have looked like for that particular property. A claim exists where the property owner failed to provide reasonable security and that failure caused, or substantially contributed to, the harm that occurred.
It is important to understand that not every crime on someone else’s property gives rise to a legal claim. The question is whether the harm was foreseeable and whether reasonable security would have prevented it.
Negligent security claims arise in a wide range of locations. Some of the most common include:
Broken or missing locks, broken exterior lighting, propped-open security doors, unmonitored entry points, or a history of crime on the property that the landlord failed to address.
Rooms accessed without proper key control, parking areas that are unlit or unmonitored, or properties where guests have repeatedly been the victims of crime.
Lots and garages without adequate lighting, security patrols, or working surveillance cameras – particularly in areas with a history of muggings, carjackings, or assaults.
Bouncers or staff who allow a clearly dangerous situation to escalate, fail to call for help, or eject patrons into a known-dangerous area.
Operators who fail to control known security risks or respond to repeated reports of crime on the property.
Unsecured entry points, no after-hours access controls, or inadequate response to known threats.
Students or visitors assaulted because of a failure to enforce safety policies, monitor known risks, or warn of known threats.
Inadequate crowd control, security staffing, or response to fights and altercations.
To recover compensation in a negligent security case, the injured person generally must prove each of the following:
Foreseeability is often the central issue. Plaintiffs commonly establish it through evidence of prior crimes on or near the property, police reports, calls for service, security audits, internal company communications, and industry standards. The defense will typically argue that the criminal act was unforeseeable and that any added security would not have prevented it. These are fact-intensive disputes that depend on careful investigation, prompt preservation of evidence, and the involvement of qualified security and police-practices experts.
In Illinois, a negligent security claim must generally be filed within two years of the date of injury under the standard personal injury statute of limitations. Different rules apply to claims against governmental entities and to claims by minors.
These deadlines are strict, and important evidence in a negligent security case – such as surveillance video, log books, and incident reports – can be lost, overwritten, or destroyed within weeks or months of the incident. It is important to speak with an attorney as soon as possible so that critical evidence can be preserved.
A victim of a negligent security incident may be entitled to recover compensation for the harm that was suffered, which can include:
When a negligent security incident results in death, Illinois law allows the surviving spouse and next of kin to bring a wrongful death claim for the losses they have suffered.
$800,000 SETTLEMENT – Settlement for a high school student who was assaulted on school grounds by a fellow student.
McDevitt & Cobb has recovered more than $150 million for clients across all practice areas. Negligent security claims are evaluated on a case-by-case basis, and individual results depend on the specific facts and legal circumstances of each case.
Negligent security cases are vigorously defended. Property owners and their insurers will argue that the criminal who assaulted you is solely responsible for what happened. Establishing that the property owner shares legal responsibility takes work: gathering crime data and police reports, identifying prior incidents on the property, retaining qualified security and police-practices experts, and pressing for the documents and depositions that show what the owner actually knew. Drawing on 35 years of injury law experience, McDevitt & Cobb has the resources, the experience, and the persistence to take these cases on.
Most negligent security claims in Illinois must be filed within two years of the date of injury under the standard personal injury statute of limitations. Shorter notice periods and deadlines can apply to claims against governmental entities (such as public housing authorities or public colleges), and longer periods can apply to claims involving minors. Because important evidence is often lost within weeks, you should not wait to consult an attorney.
Foreseeability is typically established through a combination of evidence: prior crime reports and police records for the property and the surrounding area, calls for service, security audits, prior lawsuits or insurance claims, internal company memos or emails, and testimony from current or former employees. Industry standards and the property's own written security policies can also be used. An experienced attorney can subpoena records, take depositions, and retain qualified security experts to develop this evidence.
Possibly. Parking lots and garages - especially at apartment complexes, hotels, shopping centers, and entertainment venues - are among the most common locations for negligent security claims. The key questions are whether the owner or operator knew (or should have known) that crime was foreseeable at that location, and whether reasonable measures such as adequate lighting, working cameras, or security patrols would likely have prevented the incident. Each case turns on its specific facts.
Yes - the two are separate. Criminal prosecution of the attacker does not relieve the property owner of civil responsibility for failing to provide reasonable security. In a civil negligent security case, the question is whether the owner's failure to take reasonable safety measures contributed to making the crime possible. The criminal can be held criminally responsible while the property owner is also held civilly liable for damages.
If you or someone you love was seriously injured or killed in a foreseeable crime on someone else’s property, you may have a claim against the owner or operator. Because important evidence is often lost quickly, do not wait to seek legal advice. Contact McDevitt & Cobb, P.C. for a free case evaluation. We will review the facts of the incident, evaluate the strength of the claim, and advise you on the best path toward recovery.
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