Partner at AKD Lawyers
Practice Areas: Personal Injury
When you visit an apartment complex, store, or hotel, you anticipate that the security will be good. But what happens if a preventable crime or accident occurs due to poor security? In Louisiana, this kind of situation may give rise to a legal claim under negligent security or premises liability laws.
Both areas of law focus on the responsibility property owners have to keep their spaces reasonably safe. If you were hurt because of unsafe conditions or inadequate security, you might have the right to seek compensation. Understanding how Louisiana law views these incidents is the first step in protecting your rights.
What is Negligent Security?
Negligent security is a type of premises liability claim that applies when someone gets hurt because the property owner neglects to establish appropriate safety precautions. These could include broken locks, poor lighting, or a lack of trained staff in high-risk areas.
For example, if a guest is assaulted in a hotel parking lot where lights have been out for months, the hotel might be liable for failing to maintain a safe environment. The key issue is whether the harm was foreseeable and whether the property owner could have done something to prevent it.
Property Owners’ Legal Duty of Care in Louisiana
Property owners in Louisiana have a legal obligation to keep their premises safe for people who are lawfully on their property. This duty is based on Louisiana Civil Code Article 2315, which says:
Every act of man that causes damage to another obliges him by whose fault it happened to repair it.
In addition, building owners may be held responsible under Civil Code Article 2322 if a defect in the building or premises causes injury. This means that landlords, business owners, and other property holders can be legally responsible if someone gets hurt due to unsafe conditions that should have been fixed.
Louisiana law also recognizes different levels of duty based on who is on the property—such as a guest, tenant, or trespasser. Generally, the strongest protections apply to guests and customers.
Key Elements of a Negligent Security Case
To bring a successful claim for negligent security in Louisiana, four main things must be proven:
Duty of Care
Property owners in Louisiana have a legal responsibility to maintain reasonably safe conditions for visitors. This includes providing adequate security measures if there’s a foreseeable risk of harm, especially in areas known for criminal activity or safety concerns.
Breach of Duty
A breach occurs when a property owner fails to act on known threats or ignores standard safety practices. This could mean broken locks, poor lighting, or lack of security staff—anything that shows they didn’t take reasonable steps to protect others.
Causation
To prove causation, you must show a clear link between the security failure and your injury. It’s not enough that a crime occurred—you need evidence that the property owner’s negligence directly contributed to the harm you suffered.
Damages
Damages refer to the actual harm caused by the incident, such as physical injuries, lost income, or emotional trauma. You’ll need documentation—like medical records or witness statements—to prove the extent of your suffering and justify your claim for compensation.
These elements are the foundation of any negligent security case. Without evidence for each part, it becomes harder to win compensation.
Common Negligent Security Scenarios in New Orleans
- Apartment complexes with broken locks- Unsecured doors or gates make it easy for intruders to enter and pose a threat to residents.
- Poor lighting in parking garages- Dimly lit stairwells and parking areas increase the risk of assaults, falls, and other accidents.
- Nightclubs and bars without security- The absence of trained staff or bouncers can lead to fights, overcrowding, and unsafe conditions.
- Hotels without cameras or emergency response systems- Without surveillance or quick-response options, guests are more vulnerable to theft and assault.
- Businesses without warning signs or fencing- Unmarked construction zones, vacant properties, or hazardous areas can lead to preventable injuries.
Proving Liability: What Evidence Helps?
To prove a negligent security claim, you need more than just an injury. You need proof the property owner failed in their duty.
Valuable evidence may include:
- Video footage or photos of the scene
- Police reports and incident logs
- Medical records
- Records of past complaints or crimes at the location
- Witness statements
If the property had a known history of safety issues and the owner ignored warnings, this could strongly support your case.
Damages You May Be Entitled To
A successful negligent security case can lead to compensation for a wide range of losses.
These may include:
- Medical bills (including future care needs)
- Lost income and reduced ability to work
- Pain and suffering
- Emotional distress
- Property damage
It’s important to understand that Louisiana follows a comparative fault rule, found in Civil Code Article 2323. This means:
If you’re found partly at fault for your injuries, your compensation may be reduced by the percentage of your responsibility.
This rule makes it even more critical to have solid evidence showing the property owner’s negligence was the leading cause of your injuries.
Examples of Negligent Security Scenarios and Legal Implications
| Scenario | Hazard | Possible Liability |
| Broken locks in apartment complex | Unauthorized entry | Landlord liable for assault or theft |
| Unlit parking garage | Crime risk, poor visibility | Owner liable for injuries or crime |
| No hotel security guards | No deterrent to violence | Hotel liable for foreseeable guest harm |
| Nightclub without checks/bouncers | Risk of weapons or fights | Club owner liable for injuries in altercations |
| Unfenced residential construction | Trespassing, child injuries | Property owner liable for resulting harm |
Frequently Asked Questions
What qualifies as negligent security under Louisiana law?
Negligent security happens when a property owner fails to take basic safety steps, such as maintaining locks, lighting, or security staff, and someone is harmed as a result.
Can I sue a landlord in New Orleans if I was assaulted in my apartment complex?
Yes, if the landlord knew or should have known about the risk and failed to make the property safer, you may have grounds for a claim.
What if I was partially at fault for the incident?
Louisiana law allows partial recovery. Your percentage of fault may reduce your compensation, but you can still seek damages.
What types of damages can I recover in a negligent security claim?
Damages can include medical costs, pain and suffering, emotional trauma, lost income, and more, depending on your case.
Do I need a lawyer for a negligent security case?
A lawyer can help gather evidence, build your case, and make sure deadlines are met. It’s often worth having legal support in these cases.
Conclusion
Negligent security and unsafe property conditions can leave innocent people with lasting injuries. In Louisiana, property owners must take reasonable steps to keep their premises safe.
If they don’t, and someone gets hurt, The harmed party is legally permitted to pursue damages. If you or someone you love has been harmed in a place that should have been secure, learning your rights is the first step. Documenting your injuries, understanding what caused the harm, and seeking timely legal help can make all the difference.
Contact Alvendia, Kelly & Demarest Law Firm today to schedule your free consultation and learn how they can help you move forward.
Categories
In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
