When Can a Crime Victim Sue a Property Owner for Negligent Security?

In Massachusetts, a crime victim may have the right to recover monetary compensation from the owner of the premises where the crime occurred. A negligent security claim is based on the legal duty of property owners to provide a safe environment for visitors. The essence of the claim is that the owner knew or should have known about the potential for criminal activity on the property and failed to take reasonable steps to provide protections. 

A negligent security claim can be grounded on the following conditions: 

1. A pattern of crime in the area — This can establish that the owner was or should have been aware of the risk. The owner’s awareness of such incidents imposes a duty to act to prevent future occurrences. For instance, if previous incidents of assault or theft have occurred and the owner did not take action to enhance security, this negligence can be highlighted in a claim. 
2. Poor security measures — Property owners are expected to implement and maintain reasonable security precautions. They could include installing better lighting, hiring security guards, improving locks and enhancing perimeter security. The failure to establish these measures, especially in response to known dangers, can be considered negligence.
3. Failure to comply with laws — Local ordinances often set safety standards for buildings and their surrounding areas. For example, if building codes require certain types of locks or lighting and the property does not comply, this can directly relate to the owner’s liability in a negligent security claim.

In all cases, the owner’s negligence must be a proximate cause of the injury suffered by the victim.

If you have been the victim of an attack or robbery on someone else’s premises, it is crucial to first call the police to report the crime and obtain immediate medical help if needed. Documenting your injuries and the details of the incident through a police report provides essential evidence for your claim.

At Feinberg & Alban, we are deeply aware of the cases in Massachusetts that outline the factors you need to recover. One of the first cases was Mullins v. Pine Manor, 389 Mass. 47 (1983) and it involved a residential college in Brookline. Another case was Sharpe v. Peter Pan Bus Lines, 401 Mass. 788 (1988) and, as the name of the defendant suggests, it was against a bus line, that one in the Springfield area. A more recent case, Wahlstrom v. JPA IV Management Co. (2019), involved a rape in a parking garage of a hotel in downtown Boston. 

After addressing immediate health and safety concerns, contacting a premises liability lawyer is a critical next step. A specialized attorney can provide a thorough analysis of your case, helping to determine if you may be entitled to financial compensation from the property owner for your injuries and losses.

The law firm of Feinberg & Alban, with offices in Boston, Brookline, and Worcester, offers dedicated legal representation to crime and accident victims throughout eastern Massachusetts. Call us at 617-232-5950 or contact us online to set up your free initial consultation.