Negligent Security Claims in Pennsylvania: Holding Property Owners Accountable for Assaults

When a person is violently assaulted, robbed, or attacked on someone else's property, the criminal offender is obviously responsible for their malicious actions. However, the criminal justice system does not always provide financial compensation to victims left with massive medical bills and severe emotional trauma. In Pennsylvania, victims of assault can often pursue a civil lawsuit known as a negligent security claim against the property owner. Landlords, business owners, and universities have a legal obligation to implement reasonable security measures to protect lawful visitors from foreseeable criminal acts.

The Foreseeability Standard in Pennsylvania

The foundation of any successful negligent security claim in Pennsylvania revolves around the concept of foreseeability. A property owner is not absolutely guaranteeing your safety, and they cannot predict every random act of violence. However, if a specific property-or the immediate surrounding neighborhood-has a documented history of recent violent crimes, the property owner is legally on notice. Once a crime becomes foreseeable, the owner must take reasonable steps to prevent future attacks, such as hiring security guards, installing bright lighting, or fixing broken locks. A critical Pennsylvania Supreme Court case that shaped landlord liability for security is Feld v. Merriam, 506 Pa. 383 (PA Supreme Court 1984), which established that if a landlord gratuitously undertakes a program of security, they must perform it with reasonable care.

Common Negligent Security Scenarios

Certain types of properties carry a higher risk of criminal activity and therefore require stricter security measures. We regularly see negligent security claims arise from specific environments across cities like Philadelphia, Allentown, and State College.

College Campus Dorms and Fraternity Houses

Universities have a significant duty to protect their student body. Inadequate security at dormitories, such as propped-open exterior doors, broken keycard scanners, or unpatrolled campus pathways, routinely leads to severe assaults. Fraternity houses also face immense liability when they host massive parties without hiring trained security personnel to monitor crowds and prevent altercations.

Dark and Unsecured Parking Garages

Parking garages and lots are prime locations for robberies and violent attacks. They offer criminals plenty of hiding spots behind large pillars and vehicles. Owners of commercial parking structures must ensure the area is well-lit, install functional security cameras, and utilize emergency call boxes or active security patrols to deter violent offenders.

Inadequate Bouncers at Bars and Nightclubs

Nightclubs and bars inherently mix crowded environments with alcohol consumption. Owners must anticipate altercations and employ properly trained bouncers. If a bar completely fails to hire security, hires staff with a history of violence, or if bouncers physically escalate a situation and assault a patron themselves, the establishment can be held fully liable for the resulting injuries.

Broken Locks in Apartment Complexes

Tenants rely on landlords to maintain basic security features. If an apartment complex has a broken perimeter gate, shattered ground-floor windows, or defective deadbolts that the landlord refuses to fix after being notified, a resulting home invasion or assault rests squarely on the landlord's negligence.

Step-by-Step Process to Pursue a Claim

Building a successful negligent security case requires gathering extensive evidence to prove the property owner ignored a known danger.

Step 1: Call Law Enforcement Immediately

After an assault, your immediate priority is safety and police documentation. Call 911 so local authorities can investigate the crime scene, gather forensic evidence, and generate an official police report. This police report is the most vital piece of evidence for your civil claim.

Step 2: Receive Medical Treatment

Seek immediate medical care for physical injuries and request psychological counseling for trauma. Detailed medical records will definitively prove the severity of your damages in court.

Step 3: Investigate Crime Grids

Your attorney will subpoena local police departments to obtain crime grid statistics for the property address and the surrounding blocks over the past several years. Proving a pattern of similar past crimes (like muggings or assaults) proves foreseeability.

Step 4: File the Civil Lawsuit

Your lawyer will file a formal complaint against the corporate entity that owns the property. Lawsuits are typically filed in the county court with jurisdiction over the property address, such as the Court of Common Pleas of Delaware County, Media or the Court of Common Pleas of Erie County, Erie. You can search our directory to hire a skilled Pennsylvania attorney who understands local security standards.

Cost and Timelines in PA

In Pennsylvania, personal injury and negligent security cases are governed by a two-year statute of limitations under 42 Pa.C.S. § 5524(2). You generally have two years from the exact date of the assault to file a lawsuit against the negligent property owner. You will face standard court filing fees of approximately $150 to $300. Lawyers in this field charge contingency fees (no win, no fee), typically taking a third of the final settlement. Because these cases often involve hiring expensive security experts to testify about industry standards, the process can take 12 to 24 months to reach a fair settlement or jury verdict.

Frequently Asked Questions (FAQ)