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Negligent Security Claims

When a third-party crime may also raise a premises-liability claim

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Last Updated September 19, 2026

Short answer

A property owner or occupier is not automatically liable because a crime occurred on the premises. A negligent-security claim depends on the duty imposed by applicable state law, whether the criminal conduct was sufficiently foreseeable, whether reasonable security measures were required, and whether a failure contributed to the injury.

Assaults, robberies, and other violent incidents at apartments, hotels, parking areas, stores, or other properties can raise questions about the property owner’s legal duties in addition to the attacker’s responsibility. The answer depends heavily on the facts and on whether Alabama or Georgia law applies.

How State Law Affects the Duty to Provide Security

Alabama generally does not impose a duty to protect someone from a third party’s criminal acts unless a recognized special relationship or special circumstances create that duty. Foreseeability of the criminal conduct is central to that analysis.

Georgia premises-liability law also considers whether third-party criminal conduct was reasonably foreseeable and whether the proprietor had reason to anticipate the risk. Georgia courts evaluate foreseeability based on the totality of circumstances relevant to the premises.

Prior incidents can be important in either state, but the complete factual context matters.

The Attacker and the Property Owner Involve Different Claims

A criminal case against the attacker is separate from a civil premises claim. A claim against a property owner must independently establish the legal duty, breach, causation, and damages required by applicable law.

How Brock & Stout can help

We can investigate the property, prior incidents and complaints, available security measures, police records, video, and medical evidence and evaluate whether the facts support a negligent-security claim under the applicable state law. Contact us for a free consultation.

Frequently asked questions

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This page is general educational information about personal injury claims as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee a result. Facts, insurance coverage, and state law vary. Do not use this website to calculate a filing deadline. Personal Injury Knowledge Center

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