Assaulted on Someone Else's Property? Negligent Security Claims in Pennsylvania

When someone is attacked in a parking lot, apartment building, bar, hotel or store, most people think only about the person who did it. But a property owner who ignored broken locks, dark lighting or a history of violence may also be responsible. These are called negligent security claims, and they are often the only practical way for a victim to recover anything, because the attacker rarely has insurance or assets.

When a property owner can be responsible

Pennsylvania does not make property owners guarantee anyone's safety. A negligent security claim usually depends on whether the attack was foreseeable and whether the owner failed to take reasonable steps. Courts look at things like:

• Prior incidents. Earlier assaults, robberies or police calls at or near the property.

• Known hazards. Broken door locks, burned-out lights, broken gates or cameras that never worked.

• Security the owner promised. If a landlord or business advertised or undertook security, it must provide it with reasonable care.

• Bars and late-night venues. Overcrowding, no bouncers or ignoring an escalating fight. Overserving can also create dram shop liability.

Common negligent security cases

• Assaults in apartment hallways, stairwells and parking areas

• Robberies in store, hotel and garage parking lots

• Fights at bars, concerts and sporting events

• Attacks at gas stations and convenience stores open late

The same property rules that apply to slip and fall claims in stores and businesses apply here: the owner's duty depends on why you were there and what the owner knew.

Evidence disappears fast

Surveillance video is often recorded over within days. Incident reports, maintenance logs and prior police calls also need to be requested quickly. Get medical care, file a police report and write down everything you remember. Do not give a recorded statement to the property's insurer before speaking with a lawyer.

What you can recover

A successful claim can cover medical bills, lost wages, and pain and suffering, including the emotional trauma that often follows an assault. Pennsylvania's general deadline to file is two years from the injury.

Talk to Joyce, Carmody & Moran

If you were hurt in an attack on someone else's property anywhere in Pennsylvania, call Joyce, Carmody & Moran at 570-602-3560 for a free consultation. We will look at what the owner knew, what they should have done and who is responsible for your losses.

Looking for a personal injury lawyer in Pittston or a Wilkes-Barre personal injury attorney? Our team represents injured people across Luzerne and Lackawanna County.