Proving Liability in a Negligent Security Claim in Wisconsin

When someone suffers an assault, robbery, or other crime on another person’s property, the first thought is often about the criminal responsible. But in many cases, the property owner may also share responsibility if they failed to provide adequate security. This concept, known as negligent security, falls under Wisconsin’s premises liability laws.

Negligent security claims are complex because they require victims to prove not only that a crime occurred, but also that it could have been prevented with reasonable safety measures. At Trial Lawyers of Wisconsin, we understand the uphill battle victims face. Insurance companies and defense attorneys often try to blame the criminal alone, ignoring the role of negligent property management. With the right legal strategy, however, victims can hold property owners accountable and secure the compensation they deserve.

1. Duty of Care Owed by Property Owners

Wisconsin law requires property owners to maintain their premises in a condition that is reasonably safe for lawful visitors. This duty of care extends to businesses, landlords, hotels, parking lot operators, and event organizers.

Reasonable security measures can include:

• Adequate lighting in parking lots, stairwells, and hallways.
• Functional locks and secure entry systems for apartments or hotel rooms.
• Surveillance cameras to deter crime and provide evidence.
• Security personnel at bars, clubs, and high-traffic venues.
• Fencing, gates, or warning signs in certain areas.

The exact level of responsibility depends on the type of visitor:

• Invitees (customers, tenants, guests) are owed the highest duty of care.
• Licensees (social visitors) are still owed reasonable safety protections.
• Trespassers are generally owed less protection, though owners cannot intentionally create hazards.

When property owners fail to uphold these duties and a foreseeable crime occurs, they may be liable for damages.

2. Foreseeability of Crime in the Area

A key factor in negligent security cases is foreseeability. Property owners are not expected to prevent every possible crime, but they are expected to anticipate risks when warning signs exist.

Courts often look at:

• Prior Incidents: If similar crimes occurred on or near the property, the owner should have been aware of the danger.
• Neighborhood Crime Rates: Businesses in high-crime areas are expected to take greater precautions.
• Type of Business: Bars, nightclubs, and hotels often require more security due to higher risks of fights or assaults.
• Specific Warnings: Police alerts or tenant complaints can make crime risks even more foreseeable.

For example, if an apartment complex has a history of break-ins but management ignores requests to fix broken locks, liability is likely. Similarly, if a parking garage has no lighting despite repeated robberies, victims may argue that better security measures could have prevented their injuries.

3. Key Evidence in a Negligent Security Claim

Proving negligent security requires strong evidence that connects the property owner’s failures to the crime. Common types of evidence include:

• Police Reports: These show patterns of criminal activity in the area and document the specific incident.
• Prior Incidents: Records of earlier assaults, thefts, or vandalism help establish foreseeability.
• Expert Testimony: Security experts can testify about what reasonable measures should have been in place.
• Surveillance Footage: Video can reveal whether cameras were working or absent.
• Witness Statements: Accounts from tenants, employees, or bystanders can highlight ignored warnings.
• Maintenance Records: Evidence of neglected repairs, like broken locks or non-functioning lights, strengthens a victim’s case.

Because property owners may rush to fix problems after a crime occurs, it is crucial to investigate quickly. A skilled lawyer will work fast to preserve evidence before it disappears.

4. Comparative Negligence in Wisconsin

Wisconsin follows a modified comparative negligence rule. This means compensation can be reduced if the victim is found partially at fault. For example, if someone was intoxicated at the time of an assault, an insurance company may argue they share responsibility.

If a victim is found more than 50% at fault, they cannot recover damages at all. Defense attorneys often use this rule to limit payouts. Having an experienced lawyer is essential to minimize any claims of shared fault and keep the focus on the property owner’s failures.

5. Compensation Victims May Recover

Victims of negligent security often face devastating physical, emotional, and financial consequences. Depending on the case, compensation may include:

• Medical Expenses: Emergency treatment, surgeries, rehabilitation, and ongoing care.
• Lost Wages: Time missed from work and reduced future earning capacity.
• Property Damage: Replacement of stolen or destroyed belongings.
• Pain and Suffering: Physical pain and emotional trauma caused by the crime.
• Loss of Enjoyment of Life: The lasting impact of fear, anxiety, or disability.
• Wrongful Death Damages: Funeral expenses, loss of companionship, and financial support for surviving families.

These damages reflect not only the cost of recovery but also the lasting impact negligent security can have on a victim’s quality of life.

6. Why Legal Representation Is Critical

Negligent security cases are among the most challenging personal injury claims. Property owners and their insurance companies often deny responsibility, insisting the blame lies solely with the criminal. Without skilled representation, victims may face unfairly denied or minimized claims.

The Trial Lawyers of Wisconsin team knows how to fight back. We investigate thoroughly, consult with experts, gather evidence, and build strong cases that hold negligent property owners accountable. Clients benefit from our experience in navigating complex liability laws and our commitment to pursuing full compensation.

Conclusion

Criminal acts are devastating, but when they occur on unsafe property, victims should not be left to bear the burden alone. Proving liability in a negligent security claim requires showing that the property owner owed a duty of care, that the crime was foreseeable, and that their failure to act contributed to the harm.

With the right evidence and experienced legal representation, justice is possible. If you or a loved one has been the victim of a crime due to inadequate security, don’t wait. Contact Trial Lawyers of Wisconsin today to protect your rights and pursue the compensation you deserve.