Property owners are not generally responsible for the criminal acts of third parties — but Delaware law recognizes exceptions where the crime was foreseeable and reasonable security measures could have prevented it. Negligent security claims sit at the intersection of premises liability and criminal foreseeability.
The Detailed Answer
The legal framework for Delaware negligent security claims draws on traditional premises liability principles applied to the unique question of third-party criminal acts.
The Foreseeability Question
The central question in most negligent security cases is whether the criminal act was foreseeable. Evidence of foreseeability includes:
- Prior similar crimes on the property
- Prior crimes in the immediate neighborhood
- Crime statistics for the area
- Prior complaints from tenants, customers, or employees
- Police reports and call records
- The nature of the property (e.g., a 24-hour convenience store with cash on hand)
Common Negligent Security Scenarios
- Assaults in apartment complex common areas, hallways, and parking lots
- Robberies in poorly lit parking lots
- Hotel room break-ins from inadequate door locks
- Attacks at gas stations and convenience stores
- Carjackings in parking garages
- Bar and nightclub fights where security failed to intervene
Reasonable Security Measures
What counts as “reasonable” depends on the facts and the level of risk. Possible measures include:
- Functional locks on exterior doors and individual units
- Adequate lighting in parking areas, hallways, and entryways
- Security cameras with monitoring or recording
- Trained security personnel
- Fenced and controlled access
- Working intercoms and call-buttons
- Trimmed landscaping that does not provide hiding places
The Visitor’s Status
Delaware premises liability classifies visitors as invitees, licensees, or trespassers, and the duty of care varies by status. Tenants, customers, and invited guests typically receive the highest duty of care.
What This Means for Your Case
If you were the victim of a crime on Delaware property and believe inadequate security contributed, a careful investigation of crime history, security measures, and prior complaints may reveal a viable claim. Delaware’s two-year statute of limitations under 10 Del. C. § 8119 applies, and modified comparative negligence under 10 Del. C. § 8132 may affect recovery. The criminal investigation and any related prosecution can also generate evidence relevant to the civil claim.
Related Questions
Q: Do I need a criminal conviction to bring a negligent security claim?
No. The civil claim against the property owner does not require a criminal conviction of the assailant. The standards of proof are different, and even unsolved crimes can support civil claims.
Q: What about a parking lot owned by someone else?
The owner or operator of the parking lot — not just the business it serves — may be a defendant. Sorting out the right parties is part of the investigation.
Q: What if the area has very little prior crime?
Lower foreseeability makes the case harder. But specific circumstances — like a known threat against a particular tenant — can establish foreseeability even in low-crime areas.
When to Talk to a Delaware Premises Liability Lawyer
Negligent security cases require careful investigation of crime history, security measures, and the specific incident. Joseph M. Jachetti — Delaware Bar #003744 — has experience handling Delaware premises liability claims and previously worked ten years as an insurance claims adjuster. Read about Joseph, our negligent security practice, and related questions like attacks at apartment complexes.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.