You may have questions about negligent security, including questions regarding who’s liable for negligent security, how negligent security laws work, and how to seek compensation in a potential case. Get answers to these and other negligent security questions in this blog post.

To find out whether you’re able to recover compensation in a negligent security case, call 312-775-0042 to schedule a consultation with a negligent security attorney in Naperville, IL, at Chute, O’Malley, Knobloch, and Turcy, LLC.
Top Questions to Ask in a Negligent Security Case
There are multiple questions that many people are likely to have in a negligent security case. Common negligent security questions include:
What Is Negligent Security?
Negligent security applies to cases when property owners or others fail to protect a property’s occupants from injuries through reasonable measures. There are many factors that can contribute to negligent security, such as:
- Insufficient security personnel or equipment like surveillance cameras
- Inadequate lighting
- The absence of alarm systems
- Ineffective or broken door locks
If a liable party is responsible for negligent security, he or she might be liable for injuries stemming from this issue. For example, an individual might sustain injuries in an assault due to a lack of proper security measures that enable the offending criminal.
Who Is Liable for Negligent Security?
There are many liable parties who could contribute to environments that allow for serious injuries.
For example, a property owner might not ensure that a commercial facility has a sufficient number of security cameras in place. Landlords could also be responsible for injuries to tenants or others if they neglect to maintain proper lighting and other environmental elements to minimize risks.
Security companies may be liable if they fail to properly install or maintain security systems. Meanwhile, homeowners’ associations could be responsible if they don’t maintain their communities.
Why Sue a Party That Didn’t Commit the Crime?
While negligent security cases involving third parties who commit criminal acts might not make property owners or others criminally liable for the activity, victims can sue these parties to recover compensation for their injuries. Doing so will hold the property manager or other negligent party responsible for his or her actions, which could help prevent future incidents from occurring. In addition, you may be able to file a civil suit against a criminal for committing a crime that results in injuries.
What Compensation Can I Recover for Negligent Security?
Injury victims may be able to sue for negligent security to recover various types of compensation from liable parties.
These damages can include:
- Economic damages: These are damages that apply to a person’s direct financial costs associated with injuries resulting from negligent security, including medical bills, lost income, lost earning potential, property damage, and more.
- Non-economic damages: These are damages that cover a person’s personal losses, which may include mental health issues such as anxiety and depression, post-traumatic stress, loss of enjoyment of life, and loss of consortium (relationships).
- Punitive damages: If a court decides that a liable party committed gross negligence or even malicious acts, the judge or jury may award punitive damages on top of economic and non-economic damages with the goal of punishing the defendant. Subsequently, the court would make an example of the defendant to promote the prevention of similar circumstances in the future.
- Wrongful death damages: Funeral and burial expenses, along with others, could count toward compensation in a case involving wrongful death. In these instances, the family of the decedent would seek compensation from all liable parties.
Understanding Negligent Security Laws
According to data from Neighboring Scout, around 36,149 violent crimes occurred in Illinois in a recent year. Many of these result from negligent security enabling criminals to conduct and get away with different types of criminal activity.
Knowing more about Illinois’s negligent security laws can help you determine whether you have a case and the actions you’ll need to take to open a claim or lawsuit.
The Statute of Limitations
One of the main considerations when filing a negligent security claim or suit is the statute of limitations for the case. This is a time limit that only allows you to file a suit for a specific window of time following your injuries.
In Illinois, the statute of limitations for negligent security cases is two years from the date of the inciting incident. In other words, you have two years from the time of the incident to file a suit before you no longer qualify for compensation, with some exceptions. For instance, if you were a minor at the time of the accident, you may be able to wait until you are 18 years old to file a suit.
This same two-year statute applies to wrongful death cases.
“Reasonable Care” Standards
You must also take into account a location’s “reasonable care” standards. For example, if you suffer injuries due to negligent security in an area with a high rate of violent crime, it may be easier to prove that a property owner or another party failed to implement sufficient security based on this risk. These parties could also be more liable if they have needed to introduce stricter security measures due to previous incidents at that location.
Comparative Negligence
Some states, like Illinois, award compensation based on comparative negligence. More specifically, Illinois operates on a modified comparative negligence model, which means that victims are only able to recover damages for negligent security if they are less than 50% liable for the incident.
To help you better understand negligent security laws, you’ll want to work with negligent security lawyers who can answer additional questions you may have.
How to Identify Negligent Security
If negligent security led to criminal activity that caused you or a loved one harm, you will need to positively identify an instance of negligent security.
The following are a few key considerations to help you confirm whether negligent security occurred:
Signs of Negligent Security
You’ll need to identify some critical signs of negligent security. These items may include inadequate lighting, poorly trained or absent security guards, outdated or insufficient security systems, a lack of emergency protocols, poor access control, and other forms of negligence creating an environment conducive to criminal activity.
The Location and Related Risk Factors
Some locations will present more risks than others and require tighter security. For instance, a bank will need more security than a retail store, and facilities in high-risk areas with high crime rates will also typically require more security.
The “Foreseeability” of Harm
You must also be able to show how a criminal act was “foreseeable” and that the negligent party should have anticipated its risk.
Why Hire a Negligent Security Attorney in Naperville?
If a property owner, security company, or another party allowed you or a loved one to sustain injuries through foreseeable criminal activity, you may be able to recover compensation.
However, there are mistakes after a negligent security claim that people can make, which is why it’s crucial to hire negligent security lawyers to build a case.
Here are some of the advantages of hiring an attorney:
Receive Negligent Security Legal Guidance
Negligent security cases are often complex, especially as you must prove that a property owner or another party’s negligence indirectly or directly contributed to the crimes of another.
Good personal injury lawyers will be able to answer any negligent security case questions you may have and open a claim or lawsuit to help you recover compensation.
Calculate All Related Damages
Additionally, negligent security attorneys can help quantify all the damages you sustained due to negligent security. You might suffer a number of injuries, leading to economic and non-economic damages.
Your lawyer can take a look at all medical bills, property damage, and other factors contributing to a total settlement amount.
Negotiate Claims
If you file an insurance claim against the liable party’s insurer, you need to be able to successfully navigate this process to ensure you get total compensation. An attorney can make counteroffers against the insurer’s initial offer to help you seek compensation based on the losses you incurred.
Reach Out to a Negligent Security Attorney Today
When choosing a negligent security attorney, you need to find the right one for your case. The ideal lawyer will have plenty of experience and knowledge around negligent security cases. You should also be able to learn about your options when it comes to compensation in a free consultation.
Want to find out whether you have a viable case to recover compensation for negligent security? The attorneys at Chute, O’Malley, Knobloch, and Turcy, LLC are here for you. Contact us today to schedule a free consultation with one of our lawyers.