Identifying And Screening Strong Negligent Premises Security Cases

Negligent premises security cases arise when someone suffers an injury or death due to a criminal act—such as an assault, robbery, or sexual attack—that could have been prevented with adequate security measures. These claims target property owners, business operators, and security managers who fail to meet their legal duty to protect patrons, tenants, or visitors. Common failures include poor lighting, inadequate surveillance, faulty building design, or lack of trained personnel. Attorney John Leighton, a leading authority in this area, stresses that these cases are vital not only for compensating victims but also for creating powerful incentives for improved public safety.

Negligent security litigation is time-intensive and requires substantial resources due to the need for expert testimony, extensive investigations, and in-depth analysis of security practices. These cases often involve violent crimes, so proving foreseeability and breach of duty requires police reports, crime data, and sometimes forensic evidence. Attorney John Leighton emphasizes the importance of assessing damages early—only significant injuries or losses typically justify the financial investment needed to pursue such cases. Despite their complexity, successful litigation can produce both meaningful compensation and safer practices across commercial and residential properties.

John Leighton recommends starting with a backward approach—first determine if the damages justify the time and cost of litigation. Next, request relevant insurance policy information and evaluate coverage. He also uses the “dry cleaner test”: if you can’t explain what happened to a layperson in a straightforward way, reconsider the case. Attorneys should then analyze police reports, crime grids, and prior service calls at the property. Consulting criminology and security experts can further strengthen the case. This methodical screening process ensures that only viable, compelling claims proceed to litigation.

Foreseeability is central to negligent premises security litigation. Property owners and managers must take reasonable precautions if criminal activity in the area is known or foreseeable. Courts often look at prior similar incidents, crime grids, and whether the property had known security vulnerabilities. If a business fails to act on known risks and a violent incident occurs, they can be held liable. John Leighton, who has litigated these cases for over 30 years, underscores that foreseeability is key in proving negligence and establishing the legal duty that was breached.

The most compelling negligent security claims involve severe or fatal injuries resulting from preventable crimes. These include shootings, stabbings, sexual assaults, and violent beatings in locations like apartment complexes, shopping centers, or hotels where security lapses are evident. For a case to be viable, the damages must be significant enough to justify extensive litigation costs. Attorney John Leighton stresses that serious, permanent injuries—physical or psychological—are usually necessary to support a claim, especially in high-stakes, resource-intensive cases.

Crime data—such as police reports, crime grids, and 911 call records—provides essential context to establish foreseeability and negligence. This information helps show that property owners were or should have been aware of the risks and failed to take adequate precautions. John Leighton advises attorneys to thoroughly analyze area-specific crime statistics and prior incidents. These details can be instrumental in proving that the harm was preventable and that the property manager or owner ignored clear warning signs that additional security measures were needed.

John Leighton is one of the nation’s foremost experts in negligent premises security litigation. With over 30 years of experience, he is the author of Litigating Premises Security Cases and President-elect of the National Crime Victim Bar Association. His proven track record in representing victims of violent crime has led to substantial recoveries and real-world changes in how businesses and property owners address security. Clients and co-counsel alike trust his deep knowledge, strategic litigation skills, and unwavering commitment to justice for those harmed by inadequate safety measures.