Murfreesboro Negligent Security Lawyers
People who visit an apartment complex, hotel, shopping center, restaurant, bar, parking garage, or other property should not be unnecessarily exposed to foreseeable criminal activity because reasonable security precautions were ignored. While a property owner cannot prevent every crime, there are circumstances in which inadequate security can contribute to an assault, shooting, robbery, or other violent incident.
For assault victims, the consequences can extend far beyond physical injuries. A violent encounter can leave someone facing surgery, permanent disability, lost income, emotional trauma, and a profound change in how safe they feel in everyday life.
When inadequate security contributes to serious harm, the Murfreesboro Negligent Security Lawyers at Weir & Kestner Injury Lawyers help victims pursue compensation from property owners, businesses, and other parties that may be legally responsible.
These cases are not about blaming a business for every criminal act that happens on its property. They are about accountability when a preventable security failure exposes someone to an unreasonable and foreseeable danger. Our focus is on obtaining meaningful compensation for the person whose life has been affected.
Negligent Security as a Premises Liability Claim in Murfreesboro
Negligent security claims are considered a form of premises liability law. Unlike a typical slip and fall claim, however, the immediate cause of the injury is often the intentional criminal conduct of another person. That does not necessarily relieve a property owner of responsibility, however.
Under appropriate circumstances, Tennessee law can impose a duty on a business or property owner to take reasonable measures to protect customers, tenants, guests, or others from foreseeable criminal acts. Whether such a duty existed and what precautions were reasonable depend on the particular circumstances.
Foreseeability can therefore become a major issue. A violent incident occurring without any warning in a location with no history or indication of similar danger presents a very different situation from repeated criminal activity at a property where the owner has failed to respond appropriately.
When a property owner knows that people are facing a significant danger but fails to take reasonable precautions, victims should have the opportunity to determine whether the owner can be held financially accountable.
Security Failures That Can Put People at Risk
There is no single security measure that every property must have. Reasonable precautions depend on the type of property, its location, how it is used, and the dangers that can reasonably be anticipated.
Potential security failures can include:
- Broken or inadequate locks on doors and gates
- Apartment gates that are routinely left open or malfunctioning
- Poor lighting in parking lots, garages, stairwells, and common areas
- Failure to address repeated unauthorized access
- Inadequate security personnel when circumstances warrant security
- Failure to respond appropriately to prior violent incidents
- Defective access-control systems
- Broken doors or windows that allow unauthorized entry
- Failure to follow established security procedures
- Inadequate measures in areas known to present recurring safety problems
The existence of one of these conditions does not automatically establish liability. The circumstances surrounding the criminal act and the property owner’s responsibilities must be considered. For someone who has suffered a serious injury, however, the purpose of a negligent security claim is straightforward: to seek compensation from parties whose negligence contributed to the harm.
Apartment Complex Assaults and Inadequate Security
Apartment communities can be the setting for particularly serious negligent security claims because residents reasonably expect to be able to enter and leave their homes without being unnecessarily exposed to preventable dangers in common areas. Security issues can arise around parking lots, breezeways, stairwells, laundry facilities, clubhouses, elevators, and building entrances.
An apartment complex may advertise gated access, controlled entrances, security patrols, or other protective measures. When those systems are allowed to fall into disrepair or are routinely disregarded, residents may not receive the level of protection the property appears to provide. For example, a vehicle gate that has been broken for an extended period may allow unrestricted access to a property. A pedestrian entrance with a defective lock can create a similar problem. Poor lighting can make parking areas or stairwells more dangerous, particularly when management is already aware of recurring criminal activity.
Landlords are not insurers of their tenants’ safety. But when known risks call for reasonable measures and those measures are not taken, serious questions of legal responsibility can arise.
Murfreesboro Hotels, Shopping Centers, Restaurants, and Entertainment Properties
Negligent security claims are not limited to residential properties. Hotels and motels can face security concerns involving guest-room access, exterior entrances, hallways, elevators, stairwells, and parking areas. Shopping centers and retailers may have large parking lots where customers arrive and leave after dark. Bars, restaurants, clubs, and entertainment venues can encounter circumstances in which confrontations or violent behavior become foreseeable.
A business’s responsibility is determined by the circumstances rather than by its category alone. For example, a restaurant does not necessarily need security guards simply because it stays open at night. But a business that has experienced repeated violent incidents may face different considerations than one with no history suggesting a particular danger.
The law focuses on reasonable conduct, not perfect protection. Negligent security cases therefore often turn on whether the danger was sufficiently foreseeable that reasonable precautions should have been taken.
Compensation After an Assault or Other Violent Crime
Negligent security cases can involve exceptionally serious injuries. Victims may suffer gunshot wounds, stab wounds, traumatic brain injuries, fractures, spinal cord injuries, internal injuries, nerve damage, or permanent scarring and disfigurement. Some victims are left with permanent disabilities that prevent them from returning to the life or work they had before the attack. The psychological consequences can be significant as well. Survivors of violent crime may experience anxiety, nightmares, difficulty sleeping, fear of public places, or other lasting trauma.
A civil claim can potentially seek compensation for medical expenses, future treatment, lost wages, diminished earning capacity, pain and suffering, permanent impairment, and other legally recoverable losses. For someone with catastrophic injuries, future needs may make up a large part of the claim. An individual with a spinal cord or severe brain injury may need years or a lifetime of medical treatment, therapy, equipment, personal assistance, and other support.
Weir & Kestner works to pursue a recovery that reflects the life-changing nature of these injuries rather than focusing only on the bills that have accumulated so far.
The Criminal Case and the Civil Negligent Security Claim
After a violent crime, police and prosecutors may arrest the person who committed the offense. That criminal proceeding is separate from a civil negligent security claim. The criminal justice system focuses on whether the offender committed a crime and what punishment should follow. A premises liability case focuses on whether another party, such as a property owner or business, bears civil responsibility and owes compensation to the victim. A victim therefore does not have to choose between the two processes.
There is also an important practical distinction. The person who committed a violent crime may have little or no ability to compensate the victim for substantial medical bills, lost earnings, or permanent injuries. A negligent security claim may provide an avenue for pursuing compensation from a property owner, business, management company, or another responsible party with applicable insurance coverage or financial resources.
Wrongful Death Caused by Inadequate Security
Some negligent security cases arise from shootings, assaults, and other incidents that result in death. For surviving family members, a wrongful death claim cannot replace the person they lost or undo what happened. It can provide a means of seeking accountability from a party whose negligence contributed to the death and pursuing the compensation available under Tennessee law. These cases can involve substantial financial and personal losses. The value and availability of wrongful death damages depend on the circumstances and the applicable law.
Families facing a violent death are already dealing with grief, funeral arrangements, and often a criminal justice process. Weir & Kestner works to shoulder the civil legal burden while treating families with the care and respect such a difficult case requires.
When an Insurance Company Disputes Responsibility
Negligent security cases can produce strong resistance from property owners and insurers because the defense may argue that the criminal offender, not the property owner, was solely responsible for the victim’s injuries. The intentional wrongdoing of the attacker is certainly important. But it does not answer whether a property owner’s separate negligence also contributed to the harm.
An insurer may dispute whether the crime was foreseeable, contend that additional security would not have prevented the incident, or argue that the security measures already in place were reasonable. Both partners at Weir & Kestner began their careers in insurance defense. They understand firsthand how insurers evaluate serious injury claims, assess their potential financial exposure, develop defenses, and protect the interests of the businesses and property owners they insure. Today, they bring that experience to representing injured people.
Our objective is to overcome the arguments standing in the way of a fair recovery and put the client in the strongest position to obtain the compensation the case warrants.
Compassionate Representation After a Traumatic Event
Someone who has survived an assault or other violent event may not want to repeatedly explain what happened to different people every time they contact their law firm. Weir & Kestner takes a client-centered approach to representation. Every case has a dedicated case manager who becomes familiar with the client and the claim. Clients also speak with an attorney right away, giving them access to legal guidance from the beginning.
We understand that communication is especially important in cases involving traumatic events. Our clients deserve to know where their case stands, what to expect next, and whom they can contact when they have questions.
Weir & Kestner was founded in Rutherford County rather than moving into the community from another area. Murfreesboro is home, and we take the responsibility seriously of helping our neighbors through some of the most difficult experiences of their lives.
Frequently Asked Questions About Murfreesboro Negligent Security Claims
Is a property owner responsible anytime someone is assaulted on the property?
No. The occurrence of a crime does not automatically make a property owner liable. A negligent security claim generally requires a basis for showing that the owner or another responsible party owed a duty to take reasonable precautions against foreseeable criminal conduct and failed to meet that duty.
Do prior crimes at the property matter in a negligent security case?
Yes. Prior criminal activity can be relevant to whether a later incident was foreseeable and whether additional precautions were reasonable. The significance of earlier incidents depends on factors such as their nature, frequency, location, and relationship to the crime that caused the injury.
Can I bring a negligent security claim if the person who attacked me was never arrested?
Yes. A civil premises liability claim against a property owner is separate from the criminal prosecution of an attacker. The absence of an arrest or conviction does not prevent a victim from pursuing a civil claim against another party whose negligence contributed to the injuries.
Can an apartment complex be liable for a broken security gate or lock?
Potentially, particularly when the condition contributed to unauthorized access and the circumstances made the danger reasonably foreseeable. The fact that a gate or lock was broken alone does not establish liability, so the complete circumstances must be considered.
Can a negligent security case include compensation for psychological trauma?
Potentially. Violent attacks can cause significant emotional and psychological injuries in addition to physical harm. When legally recoverable and supported by the circumstances, these effects may be considered as part of the damages arising from the incident.
Contact Our Murfreesboro Negligent Security Lawyers
Being the victim of a violent crime can change the way you work, sleep, interact with others, and move through everyday life. When a property owner or business failed to take reasonable precautions against a foreseeable danger, you may have a right to seek compensation in addition to whatever happens in the criminal case.
Weir & Kestner Injury Lawyers helps victims and families in Murfreesboro pursue accountability and financial recovery after serious injuries caused by negligent security. Our attorneys combine firsthand insurance-defense experience with the personal service of a law firm deeply rooted in Rutherford County.
Contact Weir & Kestner today for a free consultation about a negligent security claim. You will not owe an attorney’s fee unless we obtain a recovery for you.