The Legal Implications of Negligent Security in Denver
Request Free ConsultationYou shouldn’t have to look over your shoulder every time you step into a Denver apartment building, parking garage, or shopping center. Yet sometimes, even places that feel familiar or safe become scenes of violence, theft, or assault because property owners failed to take proper security measures.
If you’re recovering from injuries sustained during a crime on someone else’s property, you’re likely grappling with more than physical pain. You may be struggling with emotional trauma, costly medical bills, missed work, and uncertainty about your rights in this situation.
Whether you can file a legal claim for negligent security in Denver depends on several factors. Crimes committed on someone else’s property aren’t always strictly criminal matters. They often involve civil claims involving the property owner’s legal duty to protect you and other visitors or occupants from foreseeable harm.
Contact our Lawyers for a free consultation
What Is Negligent Security in Colorado?
Negligent security is a type of premises liability claim under Colorado law. Property owners and businesses are legally obligated to keep their premises reasonably safe for people lawfully on the property.
When property owners fail to implement reasonable security measures and someone is injured because of a criminal act, such as assault, robbery, or sexual assault, the owner may be liable for damages.
Negligent security doesn’t mean property owners must prevent every crime. Instead, it means they must take steps that a reasonable person would consider necessary under the circumstances. In Denver, those steps might include:
- Installing security cameras in parking lots or stairwells
- Hiring security guards for high-risk businesses
- Replacing broken locks on apartment entrances
- Maintaining proper lighting around entrances and walkways
- Addressing prior criminal activity in the area
The central question in these cases is whether the crime was foreseeable. If the owner ignored reports of similar crimes nearby, failed to fix broken doors, or neglected to adequately address criminal activity on their property, they may be held responsible for failing to keep visitors safe.
If a business or landlord knew—or should have known—that crime was likely and didn’t take reasonable measures to prevent it, Colorado law may give you a path to hold them accountable for your injuries and losses.
However, negligent security claims in Denver are not only about compensation. They are about building safer communities by pushing businesses and property owners to prioritize the safety of everyone who visits their premises.
At Fuicelli & Lee, we’ve seen firsthand how devastating these attacks can be and how important it is for victims to have a legal advocate who truly listens and fights for their full recovery.
Common Types of Crimes Linked to Negligent Security
Negligent security cases arise from crimes that happen on another person’s property. Some of the most common incidents tied to negligent security in Denver include:
- Assaults in bars or nightclubs where security was lacking
- Robberies in parking garages without adequate lighting or cameras
- Sexual assaults in apartment complexes with faulty locks
- Carjackings in poorly monitored retail parking lots
- Attacks in hotels with inadequate security staff
These attacks often leave victims facing not only physical injuries but psychological trauma, lost income, and growing medical costs. In some cases, the harm is so severe that it permanently alters the course of a victim’s life.
Legal Elements to Prove in a Denver Negligent Security Case
If you’re considering legal action for negligent security in Denver, Colorado law requires the basics of negligence to be proven for your claim to succeed. These elements include:
- Duty of care – The property owner had a legal obligation to keep their premises reasonably safe.
- Breach of duty – The owner failed to meet that obligation, such as not fixing broken security equipment or failing to hire security staff when needed.
- Foreseeability – It was reasonably foreseeable that a crime like yours could happen because of the conditions on the property or prior incidents.
- Causation – The owner’s failure contributed directly to your injuries.
- Damages – You suffered losses such as medical expenses, lost wages, pain and suffering, or emotional distress.
Proving foreseeability is often the core battle in these cases. Your lawyer may need to show a pattern of prior crimes in the area or evidence that the owner ignored warnings about safety hazards.
Why Negligent Security Cases Are Especially Complex in Denver
Negligent security lawsuits aren’t like other personal injury cases. They’re uniquely challenging for several reasons.
First, they often involve both civil and criminal elements. The attacker might be arrested and prosecuted, but the property owner’s liability is a separate civil matter. While a criminal conviction can help your civil case, it’s not required.
Second, property owners and their insurance companies typically fight these claims aggressively. They may argue that your injuries were entirely the fault of the criminal and had nothing to do with their security failures. They may even try to blame you, claiming you were trespassing or behaving recklessly.
Third, collecting evidence can be difficult. Security footage might be erased quickly. Witnesses might be reluctant to testify. Police reports might not capture details relevant to your civil claim, such as the condition of lights, locks, or cameras at the time of the incident.
Finally, Colorado’s comparative fault laws mean that if a jury decides you were partially at fault, your compensation could be reduced in proportion to your share of responsibility. For instance, if you’re found 20% at fault, your award would be reduced by 20%. If you’re found 50% or more at fault, you may be barred from recovering damages altogether.
Considering all the legal implications of a negligent security case, it is wise to work with a personal injury law firm that knows how to investigate and litigate negligent security claims in Colorado courts.
Damages You May Recover in a Denver Negligent Security Case
When you’re injured because of a crime on someone else’s property, the consequences can ripple through every part of your life. Colorado law allows victims of negligent security to pursue compensation for various types of damages, including:
- Medical expenses for hospital stays, surgeries, therapy, and future care
- Lost wages and loss of future earning capacity if you’re unable to work
- Pain and suffering, including emotional trauma and anxiety
- Loss of enjoyment of life if your injuries prevent you from doing things you love
- Property damage, if applicable, such as damaged personal belongings during an attack
Colorado law may also permit punitive damages in some cases involving extreme negligence or disregard for safety. These damages are meant to punish property owners who showed reckless disregard for safety. However, punitive damages are not awarded in every case and often require strong evidence of extreme negligence.
The compensation available to you depends on the unique facts of your situation. An experienced Denver negligent security lawyer can help you understand what your case might be worth and how to gather the evidence you’ll need.
The Statute of Limitations for Negligent Security Claims in Colorado
If you’ve been injured because of negligent security, Colorado law imposes strict deadlines to file your claim. For most premises liability claims, including negligent security, the statute of limitations is two years from the date of the incident. However, if the incident involved a motor vehicle (for example, a carjacking in a parking garage), the period may extend to three years.
Missing these deadlines can permanently bar you from recovering any compensation, no matter how strong your case might be. Consult with a personal injury attorney as soon as you can, even if you’re still dealing with medical treatment or trauma. Early legal intervention can help preserve vital evidence and ensure your claim meets the legal deadlines.
What To Do After a Crime Caused by Negligent Security
After an assault or other violent crime on someone else’s property, you may feel disoriented or unsure of what steps to take next. Your immediate priority should always be your safety and medical care. Once you’ve addressed those urgent needs, there are crucial steps you can take to protect your potential legal claim.
- Hire a lawyer. An experienced Denver negligent security attorney can start investigating right away. The sooner you have representation, the greater the chance of securing evidence like surveillance footage or witness statements.
- Keep all medical appointments. Gaps in treatment can hurt your claim and make insurers argue your injuries aren’t serious. Follow all medical advice and keep records of your care.
- Document your experience. Write or video-record how the incident has affected your daily life, emotional health, work, and relationships. These details can help support your damages claim.
- Preserve evidence. Hold onto clothing, photos of injuries, medical bills, police reports, and any communication with the property owner or their insurance company.
- Avoid discussing your case publicly. Insurance adjusters and defense attorneys may look for public posts or statements to use against you. Keep details off social media until your case is resolved.
These steps can significantly improve the strength of your legal claim and your peace of mind as you proceed.
Key Takeaways
- Property owners in Denver have a legal duty to keep their premises reasonably safe for lawful visitors.
- Negligent security claims arise when a criminal act injures someone because of inadequate security measures.
- Common negligent security incidents include assaults, robberies, and sexual assaults in places like apartment complexes, parking garages, and hotels.
- Foreseeability is a critical element in proving negligent security. Owners can be liable if they knew or should have known about criminal risks.
- Negligent security victims may recover damages for medical bills, lost income, emotional trauma, and more.
- Colorado’s statute of limitations imposes strict deadlines for negligent security lawsuits.
- Working with a Denver negligent security lawyer can help preserve valuable evidence and strengthen your case.
- Fuicelli & Lee Injury Lawyers can help you pursue justice and hold negligent property owners accountable for your injuries.
Frequently Asked Questions About Negligent Security in Denver
What’s the difference between a criminal case and a negligent security lawsuit?
A criminal case is filed by the government to punish the person who committed the crime. A negligent security lawsuit is a civil case you file against the property owner to recover compensation for your injuries and losses. You can pursue a civil claim even if the attacker is never charged or convicted.
Does a property owner always have to hire security guards?
No. Whether a property owner should hire security depends on the location, history of crime, and type of business. For example, a bar in a high-crime area might be expected to have security, while a quiet bookstore may not.
Can I still file a claim if I was partially at fault?
Yes, but Colorado’s comparative fault rules mean your compensation could be reduced by your share of fault. If you’re found 50% or more responsible, you may be barred from recovering damages altogether.
How long do negligent security cases usually take to resolve?
It varies greatly. Some cases settle in a few months, while others take a year or more, especially if they go to trial. Complex evidence and disputes about liability can extend the timeline.
Will filing a negligent security claim affect the criminal prosecution?
Generally, your civil case is separate from any criminal charges. However, facts uncovered in the criminal investigation might support your civil claim, so your attorney may coordinate with law enforcement to gather evidence.
Talk to Fuicelli & Lee Injury Lawyers About Your Negligent Security Case
Being attacked or assaulted where you should have felt safe changes your life in ways few people can imagine. Medical bills pile up, work becomes impossible, and the emotional toll can be immeasurably deep. You deserve to know your rights and to pursue every avenue for justice and financial recovery.
Fuicelli & Lee Injury Lawyers is a Denver-based personal injury law firm that focuses on catastrophic injury cases. Several of our attorneys are former prosecutors who know how to build compelling cases and push back when insurance companies try to avoid liability.
We deliberately limit our caseload so we can devote the time and attention each client deserves. We’re here to listen, guide you through Colorado’s legal system, and fight for your full, fair, and complete compensation.
If you or someone you love has suffered harm because of negligent security, call Fuicelli & Lee Injury Lawyers today at (303) 444-4444 or contact us online for a free consultation. We’re ready to help you reclaim your peace of mind and hold negligent property owners accountable for their failures.
Contact our Lawyers for a free consultation