Negligent security, or inadequate premises security litigation, stems out of premises liability law. A landowner or business has a duty to keep its premises safe and secure for its tenants/ customers (think of a supermarket’s duty to keep its floor dry to prevent slip and falls). Using this same logic, a landowner or business has a duty to secure its premises if it is reasonably foreseeable that a crime would occur.
• A nightclub or bar has a duty to have adequate security to prevent fights and violence.
• A landlord has a duty to employ proper security to ensure that its tenants are not at risk of robbery, rape, or murder.
• A hotel has a duty to have adequate security to prevent foreseeable crime against its customers.
• A business has a duty to secure its premises and prevent any foreseeable violent attack against its patrons.
Negligent security cases employ the same underlying law as premises liability cases – particularly the concepts of “duty” and “foreseeability.” First, a duty must exist to keep the premises safe and secure for customers and/or tenants. The nature and extent of that duty will generally depend on the nature of the premises, the foreseeable criminal activity on or near the premises, and the relationship of the parties.