Partner at AKD Lawyers
Practice Areas: Personal Injury
If you were assaulted, robbed, or otherwise injured because of inadequate security on someone else’s property, you may have a negligent security claim in Louisiana. Property owners can be held responsible when they fail to take reasonable precautions against foreseeable criminal acts.
A New Orleans negligent security attorney can investigate the incident, review the property’s security history, and help determine whether the owner may be legally responsible.
This guide explains when negligent security becomes a legal issue, what evidence matters, and how injured visitors can pursue compensation.
What Is Negligent Security Under Louisiana Law?
Negligent security occurs when a property owner or business fails to take reasonable steps to protect people from a foreseeable crime, and that failure causes injury.
It falls under premises liability, but it focuses on safety and security, not hazards like wet floors or broken stairs.
These claims may involve:
- Apartment complexes with broken locks or entry gates.
- Hotels with repeated security complaints.
- Parking garages where assaults or robberies have occurred.
- Bars and nightclubs that fail to address known violence.
- Stores and shopping centers with a history of criminal activity.
A broken lock, poor lighting, or a missing camera does not automatically establish negligence. The security problem must be legally relevant to the harm suffered.
When Can a Property Owner Be Liable for Negligent Security?
Louisiana property owners are not responsible for preventing every crime. But they may be liable if they fail to take reasonable security steps against a foreseeable risk.
Under Louisiana Civil Code Article 2315, a person whose fault causes harm may be responsible for the damages.
In Posecai v. Wal-Mart Stores, Inc. (1999), the Louisiana Supreme Court explained that a business’s duty to protect people from crime depends on how foreseeable and serious the risk is.
Courts may look at past crimes, known security issues, and what the owner could have done to prevent harm. If the risk was higher, the owner may have needed stronger security measures.
Common Examples of Negligent Security
Sometimes, a property owner knows about a security problem but does nothing to fix it. If someone gets hurt as a result, that failure may become part of a negligent security claim.
|
What went wrong |
What could happen |
| Apartment locks are broken | Someone enters the building and attacks a resident. |
| Security problems in a parking garage go unaddressed | A visitor is robbed in an area where similar crimes have occurred. |
| Management ignores complaints about violence | Someone gets hurt after another disturbance. |
| A nightclub has too few security staff | A fight breaks out, and a customer is injured. |
| Entry gates do not work properly | An unauthorized person enters and assaults someone. |
These examples do not automatically mean the owner is liable. The key is whether the owner knew, or should have known, about the risk and failed to take reasonable steps to address it.
What Should You Do After an Assault on Someone Else’s Property?
Get to safety first. Call 911 if needed and seek medical care, even if your injuries seem minor.
Once you are safe, take these steps:
- Report the assault. Contact the police and notify the property manager.
- Take photos. If safe, photograph broken locks, poor lighting, or damaged gates.
- Find witnesses. Get contact details from anyone who saw the assault or knows about earlier security problems.
- Save evidence. Ask the property owner to preserve security footage, incident reports, and entry records.
- Keep medical records. Save your bills, treatment records, and proof of missed work.
Avoid sharing detailed accounts of the assault on social media while the facts are still being reviewed.
What Evidence Helps Prove a Negligent Security Claim?
To bring a negligent security claim, you need evidence that the property owner knew, or should have known, about a security risk and failed to take reasonable steps to address it.
Helpful evidence may include:
- Police reports of earlier crimes in the area.
- Complaints made to the property manager.
- Security inspection and repair records.
- Camera footage and entry logs.
- Statements from witnesses, residents, or staff.
- Medical bills and records showing your injuries.
For example, if residents reported several assaults near an apartment entrance and management did nothing, those complaints may help show that the risk was known.
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What Compensation Can You Recover?
If the property owner is found liable, you may be able to recover money for:
- Medical bills and future treatment.
- Lost wages and reduced earning capacity.
- Physical pain and emotional distress.
- Mental health care.
- Long-term injuries or disability.
The amount depends on your injuries, your losses, and the evidence in your case.
How Does Louisiana Law Affect a Negligent Security Claim?
Comparative Fault
Under Louisiana Civil Code Article 2323, a person’s share of fault can affect how much compensation they receive.
For claims covered by the law effective January 1, 2026, a person who is 51% or more at fault generally cannot recover damages. Assault cases can raise extra questions because the person who committed the crime may have acted intentionally.
You can learn more about comparative negligence in Louisiana injury claims.
Filing Deadline
Under Louisiana Civil Code Article 3493.1, most personal injury claims arising on or after July 1, 2024, have a two-year filing deadline. Older claims may have a shorter deadline, and exceptions may apply.
It is best not to wait. Security footage may be erased, and witnesses may become harder to find.
How Can a New Orleans Negligent Security Lawyer Help?
A lawyer can review what happened and help determine whether the property owner failed to take reasonable security steps.
This may involve checking earlier police reports and complaints, requesting camera footage and repair records, and speaking with witnesses. A lawyer can also review your injuries, deal with insurance companies, and take the case to court if needed.
If the assault happened in New Orleans, Baton Rouge, or elsewhere in Louisiana, a lawyer familiar with state premises liability law can explain your options.
Frequently Asked Questions
Can I sue an apartment complex if I was assaulted there?
Possibly. You may have a claim if the complex failed to address a known security risk and that failure contributed to your injury.
Can a hotel be liable if a guest is robbed?
Yes, in some cases. The hotel may be liable if it failed to take reasonable steps to address a crime risk it should have known about.
Do I need a police report to file a claim?
No. A police report can help, but witness statements, security footage, and other records may also support your claim.
Can I file a claim if the attacker was never caught?
Yes. You may still have a claim against the property owner if the evidence supports it.
Can I seek compensation for emotional trauma after an assault?
Possibly. You may be able to recover damages for emotional distress, depending on the facts and evidence.
Speak With a New Orleans Negligent Security Attorney
An assault or robbery can leave you facing medical expenses, emotional trauma, and difficult questions about property owner responsibility.
Alvendia, Kelly & Demarest Law Firm helps injured people in Louisiana evaluate premises liability claims and understand their legal options.
If you were harmed because of a possible security failure, request a free consultation to discuss your situation.
Reviewed by Roderick “Rico” Alvendia, Partner at Alvendia, Kelly & Demarest Law Firm.
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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.
