How to Prove Negligence in Security Incidents
Request Free ConsultationIt’s deeply troubling to discover that a place you’ve always trusted—a hotel, apartment building, shopping mall, or parking garage—failed to take reasonable safety measures to prevent crime on its property, and you suffered as a result.
If you’ve been the victim of an assault or other violent crime and suffered injuries because a business or property owner neglected to take property security measures, you’re facing far more than physical pain and psychological trauma. Financial strain, mounting medical bills, fear about your future, and confusion about your legal rights can amount to an enormous burden.
Proving negligence in security incidents is the basis of any Denver negligent security case, but doing so can be a challenge that requires the guidance and skill of an experienced negligent security lawyer. You don’t have to be an expert in the law to protect your interests, but knowing how these cases work can help you ask the right questions, find a lawyer that meets your needs, and set your expectations as you proceed with legal action.
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Key Takeaways
- Colorado property owners have a legal duty to provide reasonable security to protect visitors from foreseeable criminal acts.
- Negligent security claims hinge on proving the owner failed to provide adequate protection, and that failure contributed to your injuries.
- “Reasonable security” depends on crime history, business type, lighting, locks, cameras, and other safety measures.
- Foreseeability is a central legal concept; it must be shown that the property owner should have anticipated the risk of criminal acts.
- Evidence such as crime statistics, maintenance records, and security footage can be crucial in proving negligence.
- Colorado’s comparative fault rules mean your compensation may be reduced if you’re found partially responsible, but you may still recover damages.
- Damages in negligent security claims can include medical expenses, lost income, pain and suffering, and more.
- Working with a knowledgeable personal injury lawyer dramatically improves your chances of recovering fair compensation.
Denver Negligent Security Claims: What Victims Should Know
When you’re hurt on someone else’s property because security measures were inadequate, you may have a claim under what’s known as “negligent security.” This is a specific type of premises liability case. Rather than being injured by a physical hazard like a wet floor or dangerous staircase, your harm comes from a criminal act that could have been prevented with proper security.
Colorado law generally requires property owners to exercise reasonable care to protect people on their premises from foreseeable dangers, including criminal acts under certain circumstances.
But not every crime creates automatic liability. Instead, you must show that:
The property owner owed you a legal duty of care:
This means the property owner had a responsibility to keep their premises reasonably safe for people who have a right to be there, like customers, guests, or tenants. For example, a hotel has a duty to keep its hallways, rooms, and parking lots safe for guests.
They breached that duty by failing to provide reasonable security:
This means the owner didn’t take steps that a reasonable person would take to keep people safe. Maybe they ignored broken locks, failed to hire security staff where it was clearly needed, or didn’t install lighting in dark areas where crimes had happened before.
The lack of security was a substantial factor in allowing the criminal act to occur:
Here, your lawyer must show a connection between poor security and the crime. For instance, if there had been working security cameras or proper lighting, the attack might have been prevented or deterred.
You suffered damages as a result:
Finally, your attorney has to prove that you were harmed physically, emotionally, or financially because of what happened. This can include injuries, medical bills, lost income, pain and suffering, or other costs related to the crime.
Negligent security cases are deeply fact-specific. What’s considered “reasonable” security often depends on factors like the property’s location, crime history, and the nature of the business.
Your Legal Status While on a Property and Why it Matters
Duty of care, the property owner’s responsibility to you, is the foundation of any negligent security claim. In Colorado, property owners owe different duties depending on a person’s reason for being on the property.
- Invitees are there for business purposes, such as shoppers in a store or guests at a hotel. Owners owe invitees the highest duty of care, including active efforts to protect them from known and foreseeable dangers.
- Licensees enter with permission for social reasons, like visiting a friend’s apartment. Owners must protect licensees from known dangers that are not obvious to the visitor.
- Trespassers generally receive little to no legal protection, but owners still can’t willfully harm them.
Most victims of negligent security are invitees—shoppers, tenants, hotel guests—entitled to a high level of protection.
What Makes Security Measures “Reasonable”?
A pivotal factor in any negligent security case is deciding whether the property owner took reasonable steps to keep people safe. Colorado courts look at many factors when evaluating reasonableness:
- Crime history in the area — Prior incidents can put an owner on notice that more security might be needed.
- Nature of the business — A late-night bar in downtown Denver may need bouncers or cameras, while a small office might not.
- Lighting and visibility — Poor lighting in parking lots or stairwells can create conditions for crime.
- Security staff — Was trained security present where expected?
- Locks and access controls — Faulty locks, broken gates, or a lack of keycard systems can show negligence.
- Surveillance systems — Security cameras that are missing, fake, or non-functional can be evidence of inadequate protection.
A single factor often isn’t enough to prove negligence. Courts weigh the total circumstances to decide whether the property owner should have done more.
Proving Foreseeability in Security Cases
Foreseeability is a linchpin in negligent security cases. It’s not enough that a crime happened on the premises; your case must show that the owner reasonably should have anticipated that crime was possible.
Evidence that can help establish foreseeability includes:
- Police reports of similar crimes nearby
- Prior criminal activity on the same property
- Complaints from tenants, employees, or customers about safety concerns
- Industry standards for security in similar businesses
- Expert testimony about crime patterns
If an apartment complex in Denver had repeated assaults in the parking lot, yet management refused to add lighting or security patrols, a jury may find future attacks were foreseeable, and that management’s inaction was negligent.
Gathering Evidence to Prove Negligence
Evidence makes or breaks negligent security claims. Property owners and insurers will fight hard to show they did everything they reasonably could. The sooner you work with a lawyer who will gather evidence, the better your chances of success.
Evidence of negligent security includes:
- Incident reports — Written reports by security or management detailing the crime
- Police records — Police calls for service, incident reports, or arrest records
- Photographs or video — Images of the scene, broken locks, poor lighting, or visible injuries
- Maintenance records — Proof of ignored repairs or broken security features
- Eyewitness statements — Testimony from others who saw the attack or conditions beforehand
- Crime grids or maps — Data showing crime rates in the area
If you’re able, document everything as soon as possible. Photograph the scene, save messages about security complaints, and request copies of reports from police or property management. Your attorney can help preserve video footage before it’s erased.
How Comparative Fault Impacts Security Cases
Colorado follows a modified comparative fault system. This means if you’re partly responsible for your own injuries, your compensation may be reduced by your percentage of fault.
For instance, if you ignored warnings not to enter a certain area or provoked an altercation, a property owner may argue you share blame. However, if you were simply a guest or customer going about your business, comparative fault may not apply.
Even if you’re partially at fault, you may still recover damages, as long as you’re not found more than 50% responsible. Discuss any potentially damaging facts with your lawyer early, so they can build the strongest case.
Damages in Negligent Security Cases
When a property owner’s failure to provide adequate security invites crime and causes harm, the financial and personal consequences can be significant. Recovering damages in a negligent security claim is more than recouping costs; it’s about restoring stability to your life after a traumatic experience.
Courts allow victims to seek various types of compensation, depending on the facts of the case and the severity of injuries. These include:
- Medical expenses — Bills for emergency care, hospital stays, surgeries, therapy, medication, and future medical needs
- Lost income — Paychecks lost while recovering, plus loss of future earning capacity if injuries are long-term
- Pain and suffering — Physical pain and emotional distress, including anxiety, depression, or PTSD from the incident
- Property damage — Replacement or repair costs if personal belongings were damaged during the incident
- Loss of enjoyment of life — The impact on hobbies, social activities, and relationships
- Punitive damages — In rare cases, awarded to punish especially reckless or intentional conduct by a property owner
Calculating these damages typically requires the skill of an experienced attorney who will work with medical professionals, economists, and other experts to ensure all losses are documented and valued appropriately.
Why Legal Help Is Essential in Security Negligence Cases
Proving negligence in a security incident is often far more challenging than people expect. You’re up against property owners, insurance carriers, and sometimes large corporate defendants with significant resources to defend themselves. A skilled lawyer can be the difference between a denied claim and a meaningful recovery.
When you hire a personal injury attorney familiar with negligent security cases, you gain an advocate who knows how to build the strongest case possible. Here’s how legal counsel can help:
Investigating the facts
- Collecting police reports, maintenance logs, and crime statistics
- Securing witness statements before memories fade
- Obtaining video footage from security cameras
- Consulting experts in security standards and crime prevention
Preserving and presenting evidence
- Sending legal notices to preserve key evidence
- Organizing evidence to show how the owner failed in their duty of care
- Crafting persuasive arguments to show foreseeability and causation
Negotiating with insurance companies
- Responding to lowball offers designed to minimize payouts
- Presenting your damages in a way that maximizes their value
- Preparing your case for trial if a fair settlement isn’t offered
Without legal help, victims may accept settlements that barely cover immediate medical costs, leaving future needs unfunded. A strong advocate ensures the property owner and their insurer recognize the true value of what you’ve lost.
Frequently Asked Questions About Negligent Security in Denver
What should I do if I was attacked on someone else’s property?
First, seek medical attention even if your injuries seem minor. Then, report the incident to the police and the property owner. Document everything you can—photos, witness contacts, and any details about the scene. Finally, contact a lawyer promptly to protect your rights.
Does it matter if the attacker was caught?
Not necessarily. Even if the criminal isn’t identified or prosecuted, you may still have a claim against the property owner if their lack of security contributed to the incident.
How long do I have to file a negligent security lawsuit in Colorado?
For personal injury claims in Colorado, the statute of limitations is generally two years. However, if the incident is related to a motor vehicle, it may extend to three years. It’s best to consult an attorney as soon as possible to avoid missing important deadlines.
Can I sue if I was partially at fault for being in a dangerous place?
Possibly. Colorado’s modified comparative fault law means you can still recover damages as long as you were not more than 50% responsible for the incident. Your compensation would be reduced by your percentage of fault.
Are negligent security cases only about physical injuries?
No. Emotional and psychological trauma, such as PTSD, anxiety, and depression, are often part of damages in negligent security claims. These non-economic damages can be significant, and an attorney can help ensure they’re properly documented.
Contact Fuicelli & Lee for Help With Security Negligence Claims in Denver
If you’ve been attacked or injured because a business or property owner failed to keep you safe, you deserve to know your options. At Fuicelli & Lee Injury Lawyers, we understand how devastating these incidents can be physically, emotionally, and financially. Several of our attorneys have experience as former prosecutors, giving us valuable insight into criminal acts and how to prove liability in civil court.
As a boutique firm, we limit the number of cases we accept, so every client receives focused, personal attention. We fight relentlessly for full, fair, and complete compensation, preparing every case as if it’s going to trial, because that’s what it takes to hold negligent property owners accountable.
From our office in Denver, we proudly serve clients throughout Colorado. Whether your injuries occurred at a downtown nightclub, a suburban shopping center, or an apartment complex, we’re ready to help. Call us anytime at (303) 444-4444 or contact us online to schedule your free consultation. With Fuicelli & Lee, you will never pay anything out of pocket. We get paid only if we win for you.
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