Is Negligent Security Applicable in Every State?

March 24, 2023 Criminal Law


Negligent security is applicable in every state, but you will notice variations in how each state handles negligent security claims.

Here, our negligent security attorney shares what you need to know about this topic:

Negligent security claims often arise from a criminal act on residential or commercial property. For example, a classic claim for negligent security usually involves the assault or shooting of another person at a hotel or mall. In general, all states recognize that owners of properties and businesses are responsible for providing sufficient security to their guests and ensuring their safety from foreseeable crimes.

Some reasonable security measures may include:

  • Getting security personnel 
  • Installing a security system with alarms
  • Having physical barriers like gates and locks
  • Ensuring there’s sufficient lighting around the property 

For instance, a plaintiff in a negligent security case might allege that a crime wouldn’t have happened if the property had enough lighting. If they can prove the foreseeability of the crime, this could mean trouble for the defendant. Different states might have different interpretations of foreseeability which, according to the Legal Information Institute, is “the ability to reasonably anticipate potential results of an action.”

All states have negligent security laws, but the details of their rules and the interpretation of a business owner’s responsibility could vary from state to state.

State Laws That Deal Specifically with Property Security

As a property owner, you are deemed responsible for ensuring the security of your property. This includes taking measures to prevent break-ins, vandalism, and other crimes. In some cases, you may also be required by law to take specific security measures. 

There are a variety of state laws that deal specifically with property security. These laws vary from one state to another, but they typically require property owners to take reasonable steps to protect their property from criminal activity. 

In several states, property owners must install specific security devices, such as alarms or lighting. In other states, property owners may be required to take certain security measures, such as hiring security guards or posting signs.

State laws typically do not require property owners to take every possible measure to prevent crime. Instead, they require property owners to take necessary measures to protect their property.

If you own a property, you must familiarize yourself with the security laws in your state. This will help ensure that you take the necessary measures to protect your property.

Compensation in Negligent Security Claims

Negligent security claims can be brought against property owners, landlords, and businesses when someone is injured due to inadequate security measures. These claims can be complex, and it is important to fully understand the various types of compensation that may be available.

Economic damages are intended to reimburse the victim for their financial losses. This can include medical bills, lost wages, and property damage. On the other hand, non-economic damages are intended to compensate victims for their pain and suffering, emotional distress, and other intangible losses. Punitive damages are designed to punish the defendant and deter future similar conduct.

Compensation in a negligent security claim will vary depending on the facts and circumstances of the case. An experienced negligent security attorney can help you understand the types of damages that may be available and fight for the full and fair compensation you deserve.


Negligent security is a type of legal claim that can be filed in every state. However, each state has its laws and regulations regarding how such claims can be filed and what kind of evidence is required. As a result, it is important to consult with an experienced negligent security attorney in your state to ensure that your claim is handled properly.

Circeo Law Firm offers the services of a seasoned negligent security attorney in Kentucky who will advocate for you or a loved one injured due to negligence. Schedule a free consultation today!