Randolph Negligent Security Attorney
If you were attacked, robbed, or otherwise hurt because a property owner failed to provide reasonable security, you may be entitled to compensation, even though the person who hurt you was not the property owner. The Law Offices of Gerald J. Noonan represents victims of negligent and inadequate security throughout Randolph, Massachusetts and the surrounding area. We work on a contingency fee basis, so you pay nothing unless we recover money for you. Call 508-588-0422 today for a free, no obligation case evaluation.
What Is Negligent Security Under Massachusetts Law?
Property owners in Massachusetts have a duty to keep their premises reasonably safe, and that duty is not limited to physical hazards like wet floors or broken stairs. It also includes protecting lawful visitors from foreseeable criminal acts committed by other people. When a property owner knows, or reasonably should know, that criminal activity is likely to occur on their property and fails to take reasonable steps to prevent it, they can be held liable for injuries that result.
Whether an attack was foreseeable depends on the specific property. Courts look at whether similar incidents happened there before, how much crime occurs in the surrounding area, and the nature of the establishment itself. A property with a documented history of fights, robberies, or assaults has a much stronger argument for foreseeability than one with no prior incidents.
Where Negligent Security Claims Commonly Arise
Apartment Complexes and Parking Areas
Broken locks, missing or broken lighting, and unsecured building entrances leave tenants and visitors vulnerable to attacks that a reasonably maintained property would have prevented.
Hotels and Motels
Guests expect a reasonable level of security at overnight lodging, including secure room access and adequately lit common areas and parking lots.
Bars, Nightclubs, and Lounges
Establishments that serve alcohol late into the night, especially in the Randolph area, face a higher risk of altercations and have a correspondingly higher duty to provide trained security staff. If you were hurt in a bar or nightclub assault, our Randolph nightclub assault lawyer page covers this scenario in more detail.
Shopping Centers and Retail Parking Lots
Poorly lit parking lots and a lack of visible security can make retail properties a target for robbery and assault.
Schools, Daycare Facilities, and College Campuses
Institutions responsible for children and young adults are held to a particularly high security standard.
What Makes Security Negligent: Proving Your Case
The security a property owner is required to provide scales with how foreseeable an attack was. A bar that stays open into the early morning hours and serves alcohol is held to a higher security standard than a quiet family restaurant that closes at 8 p.m. To prove a negligent security claim, we generally need to show that the property owner knew, or should have known, about the risk of crime on their property, and that they failed to take reasonable precautions such as adequate lighting, working locks and cameras, trained security personnel, or controlled entry points.
Who Can Be Held Liable for a Negligent Security Injury?
Liability can extend to the property owner, a property management company, a security company hired to protect the premises, and the employer of any security staff involved, particularly if that employee had a known history of violence and was negligently hired, trained, or retained.
What Compensation Can You Recover?
- Medical expenses, including emergency treatment and follow-up care
- Psychological trauma and PTSD treatment, which is often overlooked but fully compensable
- Lost wages
- Pain and suffering
How Long Do You Have to File a Negligent Security Claim in Massachusetts?
In most cases, Massachusetts law gives you three years from the date of the incident to file a negligent security lawsuit. If a government-owned property was involved, the deadline is much shorter. You are generally required to send a formal presentment letter within two years of the incident, and missing that deadline can prevent you from recovering compensation even if you are still within the three year window.
Frequently Asked Questions
Can I sue if I was attacked by another person on someone else’s property?
Yes, in many cases. Even though the property owner did not attack you, they can be held liable if their failure to provide reasonable security allowed a foreseeable attack to happen.
Does it matter if my attacker is never caught or identified?
No. Your claim against the property owner is based on their own negligence in failing to provide reasonable security, not on identifying or prosecuting your attacker.
What if the property owner says they had some security, just not enough?
Having some security measures in place does not automatically protect a property owner from liability. If the measures they had were not reasonable given the known risks at that location, they can still be held responsible.
Can I still recover compensation if I had been drinking?
Being under the influence at the time of an attack does not automatically bar you from recovering compensation, although it may become a factor in the case. It is best to discuss the specific facts with a lawyer.
What evidence helps a negligent security case?
Surveillance footage, incident reports, records of prior crimes or police calls at the property, witness statements, and information about the security staffing and measures in place at the time of the attack are all valuable.
How We Build Your Negligent Security Case
We move quickly to preserve surveillance footage and incident reports before they can be lost or overwritten. We investigate the property’s history of prior incidents and police calls, review industry security standards for similar establishments, identify every party who may be liable, and work with security experts when needed to demonstrate what reasonable security would have looked like.
Contact a Randolph Negligent Security Lawyer Today
If you were hurt because a property owner failed to provide reasonable security, do not wait to get legal help. The Law Offices of Gerald J. Noonan represents victims throughout Randolph and the surrounding area on a contingency fee basis, so there is no cost to get started and no fee unless we win. Call 508-588-0422 or fill out our online form for a free case evaluation.