It is easy to assume that what happened to you was just bad luck or poor timing. That is exactly what property owners hope you believe. The reality is that some crimes could have been prevented with adequate security measures. Risks were ignored, and basic precautions were never put in place. When that happens, your injuries are the result of preventable failures.

What Is Negligent Security Under Washington Law?

A negligence security claim under Washington law is a type of premises liability claim. Its premise is that a property owner failed to provide adequate safety measures. Property owners in Washington must maintain reasonably safe conditions for lawful visitors. A negligent security claim typically stems from a third party’s criminal act. For example, an assault or robbery happens on the property. The victim of the crime files a civil lawsuit against the property owner for negligence that led to the crime.

Legal Duty Owed by Property Owners

Washington law requires property owners to act reasonably when it comes to safety. That means taking steps to address foreseeable risks before someone gets hurt. It does not mean guaranteeing that nothing bad will ever happen. The focus is on whether the owner responded appropriately to known dangers or chose to ignore them.

​Several factors shape that analysis. Courts may look at the property’s location and whether there is a pattern of criminal activity nearby. The type of property also influences what security measures are expected. An apartment complex, for example, may require controlled access, while a bar may need trained security staff. Prior incidents often carry significant weight, especially when no meaningful changes were made after earlier problems.

When Criminal Acts Become the Property Owner’s Responsibility

Property owners are not automatically liable for crimes committed by others simply because they happened on their property. For a negligent security claim, there needs to be foreseeability. The property owner should have taken steps to make the property safer based on the foreseeable dangers. This can look very different based on the property type and the foreseeable danger. Similarly, the steps the property owners take to secure the property can look very different.

​An apartment complex could have broken gates, faulty locks, or a lack of lighting. A hotel or motel could fail to monitor guests or secure entrances. A bar, nightclub, or entertainment venue could have inadequate crowd control or security staff. Retail stores could have a dark parking lot. Parking garages could lack lighting, cameras, and security.

Each of these situations show a lack of security measures taken. However, it is not enough to lack security measures. The failure needs to be related to the crime suffered. For example, a lack of lighting in an apartment complex is not relevant if the resident experienced a break-in of their apartment. It would be relevant if the crime was a robber in the parking lot.

Elements of a Negligent Security Claim in Washington

To have a successful negligent security claim, the injured individual would need to prove four elements. This is done by presenting evidence like incident reports, surveillance footage, and crime history.

1. Duty of care existed,
2. Breach of that duty (inadequate security),
3. Injury occurred, and
4. Causation (failure contributed to the harm)

It is important to establish a clear link between the injury and the lack of security. It is not enough to simply show that a crime happened.

Comparative Fault in Washington

Washington uses a comparative fault system in civil personal injury claims. The court evaluates the percentage of fault for each involved party. This is the percentage that they contributed to the incident that led to injury or damage. In Washington’s pure comparative fault system, a plaintiff's potential recovery is reduced by the percentage of fault they are assigned by the court. ​In a negligent security state, the plaintiff could be found partially at fault if they ignored warnings or engaged in risky behavior.

Damages Available

Plaintiffs could seek several different types of damages in their negligent security claim. An attorney can assist with calculating total damages to ensure you seek full compensation. Economic damages are the most common. These include medical bills and lost wages. This may include anything the claimant spent money on as a direct result of the harm suffered from the negligent security. Non-economic damages include pain and suffering or emotional distress.

Why These Cases Are Legally Complex

Negligent security claims are complex because they have an overlap of criminal conduct and civil liability. ​Evidence can also be difficult to obtain. Surveillance footage, maintenance logs, and prior incident records are usually held by the property owner. A common defense strategy tries to shift the blame. Property owners commonly argue that the crime was unavoidable or the third-party actor as the only responsible party.

Speak With a Lawyer

Not every crime leads to liability. When security negligence contributes to an injury, the responsibility does not stop with the person who committed the act. Property owners who fail to take reasonable precautions may share in that responsibility. Robinson & Kole helps clients identify when negligent security may be a factor and guides them through the legal process with a clear, focused approach. Contact us today to learn more.