Negligent Security Attorney Serving St. Louis

Common Negligent Security Incidents & Property Conditions

A claim may arise when a harmful criminal act occurs on property with security conditions that require closer investigation. The central question isn’t simply whether a crime happened. It’s whether the risk was known or reasonably foreseeable and whether reasonable security measures were in place.

Incidents and settings that may warrant investigation include:

• Injuries from assaults in apartment complexes, hotels, or commercial properties with inadequate security.
• Robberies, shootings, or assaults in poorly lit parking lots or garages.
• Harm caused by broken or malfunctioning gates, locks, cameras, or other access controls.
• Sexual assaults or other criminal acts in bars, nightclubs, or businesses without appropriate safety protocols.

Whether a particular precaution was reasonable depends on factors such as the property’s use, its condition, prior incidents, and the risk known to those responsible for the premises.

Evidence in a Negligent Security Investigation

Evidence preservation can be critical because surveillance footage may be overwritten and physical conditions may change. Photographs, video, police reports, incident records, medical records, and witness information can help establish what occurred. Maintenance records, access-control logs, security policies, prior incident documentation, and records concerning lighting or broken equipment may also be relevant.

A claim may require examining several parties rather than assuming the property owner alone was responsible. The roles of a landlord, property manager, business operator, or security contractor depend on who controlled the premises, knew about the risk, and had responsibility for the security measure at issue.

Missouri Negligent Security Law

Missouri Revised Statutes Sections 537.785 and 537.787 are known as the Business Premises Safety Act. Under Section 537.787, a business generally has no duty to guard against criminal or harmful acts unless it knew or had reason to know that such acts were occurring or were reasonably likely in a particular area, with sufficient time to take action. A crime occurring on business property doesn’t automatically establish property owner liability.

Section 537.785 describes reasonable security measures by reference to precautions a reasonable business owner in the industry would use, considering the premises’ condition and the cost of those precautions. Applying that standard may involve evidence of foreseeable criminal activity, prior incidents, reported threats, security policies, and the precautions available before the injury.

The Business Premises Safety Act also identifies potential affirmative defenses that may limit or defeat liability even when a claimant has presented supporting evidence. Depending on the facts, defenses may concern reasonable security measures, trespassing or felony conduct by the claimant, or an incident occurring while the business was closed to the public. The statute’s definition of a covered person generally concerns someone lawfully on the premises and excludes the business’s employees and agents.

FAQs About Negligent Security Claims

Will I Have to Go to Court?

Many of these cases settle without trial, but the path of a particular claim depends on the facts, evidence, available defenses, and positions of the parties. If a trial is necessary, we prepare thoroughly and explain what to expect. If you need to appear in court, our attorneys can prepare you for each stage.