When a person is assaulted, robbed, or otherwise harmed by a third party on someone else’s property, the property owner may share legal responsibility if the harm was foreseeable and reasonable security measures were not in place. Apartment complexes, parking garages, hotels, bars, nightclubs, shopping centers, and college campuses can all be settings for negligent security claims.
Schuster Jachetti LLP represents Delaware victims of crimes that occurred on inadequately secured properties. Joseph M. Jachetti, Delaware Bar #003744, has handled premises liability and serious injury matters for over 25 years, and the firm investigates crime history, security measures in place, and industry standards for the type of property involved.
Negligent security cases are unusual in that they involve crimes committed by third parties, but the legal question for the property owner is foreseeability and reasonableness — not whether the owner committed the crime.
How Negligent Security Cases Happen in Delaware
Common scenarios include assaults in apartment complex common areas, parking lots, and stairwells; robberies and assaults in poorly lit parking garages; shootings outside bars and nightclubs that had a known history of violence; assaults at hotels with broken locks or non-functioning security cameras; and attacks at shopping centers and gas stations where prior similar incidents went unaddressed.
Common Negligent Security Failures
- Broken or non-functioning locks and door hardware
- Inadequate lighting in common areas, parking lots, and walkways
- Non-functioning, inadequate, or absent security cameras
- Insufficient or untrained security personnel
- Failure to control access to restricted areas
- Failure to address known criminal activity on or near the property
- Overgrown landscaping providing concealment
- Failure to warn tenants or guests of recent crimes
Foreseeability
The legal question in a negligent security case is whether the type of crime that occurred was reasonably foreseeable to the property owner. Courts consider prior similar incidents on the property, prior incidents in the immediate area, the nature of the business, and what reasonable security measures would have cost relative to the risk.
Who May Be Liable
Liability can extend to the property owner, the property management company, the security contractor, the tenant or business operator (such as a bar), and the parent company. The criminal perpetrator is also liable but is rarely a viable defendant in civil terms.
How Delaware Law Applies to Negligent Security Cases
- 10 Del. C. § 8119 — two-year statute of limitations for personal injury
- 10 Del. C. § 8132 — modified comparative negligence (barred only above 50% fault, i.e., a 51 percent bar)
- 25 Del. C. — Delaware Landlord-Tenant Code, where applicable to apartment complexes
- Common law duty of care for invitees
Damages You May Be Able to Pursue
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering — see what is pain and suffering
- Loss of enjoyment of life
- Mental health treatment costs
- Disfigurement
- Loss of consortium
- Wrongful death damages where applicable
The firm does not promise specific amounts.
How Foreseeability Is Established
The single most important issue in a negligent security case is foreseeability. Was the type of crime that occurred foreseeable to the property owner? Foreseeability is most clearly established by prior similar incidents on the property — the same type of crime, in the same area of the property, in the recent past. Police reports, calls for service, and the property’s own incident reports are key evidence.
Industry Standards for Apartment Complexes
The apartment industry has developed standards for security in residential properties — controlled access, lighting, working locks, security cameras at common entry points, and patrol or on-site staff in higher-risk properties. When a complex falls below these standards and a foreseeable crime occurs, the gap between what the complex did and what the industry standard required is often the heart of the case.
Parking Lots and Garages
Parking facilities — particularly enclosed parking garages — are common settings for assaults and abductions. Lighting, sightlines, security cameras, and patrol presence all factor into the analysis. A parking garage that was poorly lit, where cameras were broken or missing, and where prior incidents had occurred presents a stronger case than one with current security in place.
Bars, Nightclubs, and the Foreseeability of Violence
Bars and nightclubs face particular foreseeability issues because alcohol-fueled violence is well documented in those settings. Standards include trained security personnel, capacity controls, and de-escalation training. Patrons injured by other patrons may have claims against the establishment when these standards were not met.
The Damages Picture in Negligent Security Cases
Damages in these cases include the medical and economic damages from the assault itself, plus the substantial mental health treatment that often follows. PTSD, anxiety, depression, and substance use disorders are recognized sequelae of violent victimization, and the cost of treatment over years is part of the damages picture.
The Crime Grid Analysis
Establishing foreseeability often involves a crime grid analysis — pulling police records for the property and surrounding area for several years before the incident, mapping the calls for service, and documenting the pattern of crimes. When the property’s crime history shows a pattern of incidents similar to the one that occurred, the foreseeability case is stronger. The firm works with investigators and security consultants on this analysis in appropriate cases.
Industry Security Standards
The security industry has trade publications, professional associations, and standards documents addressing security in different settings. ASIS International, the International Association of Professionals in Workplace Investigations, and other organizations publish material that can inform the standard of care. Security consultants familiar with industry practice can opine on whether the property’s security met or fell below the relevant standards.
College Campuses and the Clery Act
Colleges and universities are subject to the federal Clery Act, which requires disclosure of crime statistics and security policies. The Clery Act data can document the pattern of crime on a campus and can inform whether responses were adequate. Negligent security claims against institutions of higher education often draw on Clery Act information in establishing foreseeability.
Bar and Tavern Liability
Bars and taverns face overlapping legal frameworks. Premises liability addresses physical conditions and security, including foreseeability of violence tied to alcohol service and intoxicated patrons. This can produce robust theories of liability when violence on or near the premises injures a patron.
The Public Records Strategy
Establishing a property’s crime history typically requires public records requests to local police departments. Calls for service, incident reports, and arrest records can document the pattern of crime at the property and in the immediate vicinity. The firm makes these requests early in the case and coordinates with investigators to map the data.
The Property’s Own Records
Beyond police records, the property’s own records can be revealing. Tenant complaints, security guard logs, broken-equipment reports, and management communications can document what the property knew about security issues. These records are typically obtained in discovery once litigation begins.
Reasonable Security Measures
What constitutes reasonable security depends on the property type, the location, and the foreseeable risk. A high-rise office building in a low-crime area faces different requirements than an urban apartment complex with documented crime history. Industry standards, security consultant opinions, and the property’s own past practices all inform the analysis.
The Role of Statistical Analysis
Some negligent security cases use statistical analysis to establish foreseeability and to address defense arguments that the crime was unforeseeable. Crime mapping, trend analysis, and comparison with similar properties can show patterns that defense witnesses cannot easily dismiss. The firm uses these analytical approaches in selected cases.
Why Choose Schuster Jachetti LLP for a Delaware Premises Liability Case
Joseph M. Jachetti, Delaware Bar #003744, has practiced personal injury law in Delaware for over 25 years. Before practicing law, he spent 10 years as an insurance claims adjuster, providing direct insight into how property insurance carriers and commercial general liability insurers evaluate, defend, and resolve premises claims. The firm uses that background to anticipate defense strategies and to document the elements that support liability — notice, foreseeability, breach of duty, and causation. Schuster Jachetti LLP represents clients statewide from offices in Wilmington, Smyrna, Georgetown, and Lewes, and works on a contingency fee basis.
Premises cases benefit from prompt investigation. Surveillance footage may be overwritten. Witnesses may be hard to find later. The condition of the property may change. The firm moves quickly to document the scene, preserve evidence, and identify all potentially responsible parties. When cases proceed to discovery, depositions, mediation, or trial, the firm prepares thoroughly with the goal of recovery that addresses the harm.
Talking With Schuster Jachetti About Your Case
The firm’s initial consultation is free and aims to understand where and how the assault occurred, what security measures were and were not in place, and what the resulting injuries and treatment have been. Based on that information, the firm assesses whether the case has a realistic foundation and explains the next steps. Clients leave the consultation with a clear sense of what investigation will follow and what to expect from the engagement.
How Insurance Companies Handle Negligent Security Cases
Joseph Jachetti spent 10 years as an insurance claims adjuster before practicing law. Carriers in negligent security cases commonly argue that the criminal act was unforeseeable, that the property had reasonable security in place, and that the criminal — not the property owner — is the cause of the harm. Joseph Jachetti uses his prior adjuster experience on behalf of clients during negotiations and works to document the foreseeability of the attack through prior incident reports, police calls for service, and security industry standards.
Steps to Take After an Assault on a Property
- Report the crime to police and obtain a copy of the report
- Seek medical attention and document all injuries
- Photograph the location, lighting, and any security failures
- Identify any witnesses
- Request preservation of security camera footage early
- Do not sign anything without legal review
- Contact a Delaware premises attorney quickly
Frequently Asked Questions
How long do I have to file a negligent security claim in Delaware?
Generally two years from the date of injury under 10 Del. C. § 8119. More on Delaware deadlines.
The criminal hasn’t been caught. Can I still have a case?
Yes. The civil claim is against the property owner for failing to provide reasonable security, not against the criminal. The criminal does not need to be identified for the civil case to proceed.
What if my apartment was burglarized?
If the burglary was foreseeable and reasonable security measures were not in place, the landlord may share responsibility. Read about apartment injury claims.
How much does a Delaware negligent security lawyer cost?
The firm works on a contingency fee. More on contingency fees.
What is my negligent security case worth?
Value depends on injuries, foreseeability evidence, fault, and insurance. Read about case valuation.
Schuster Jachetti LLP Serves Delaware Clients Statewide
From four offices: Wilmington ((302) 966-8684), Smyrna ((302) 775-0728), Georgetown ((302) 877-9524), Lewes ((302) 527-9513).
Talk to a Delaware Negligent Security Lawyer Today
Call (302) 984-1000 for a free consultation. Joseph M. Jachetti, Delaware Bar #003744, has handled premises liability cases for over 25 years.
Free Negligent Security Case Review
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.