Inadequate Security and Premises Liability in Massachusetts

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When you visit a shopping center, apartment complex, hotel, or parking garage in Massachusetts, you expect a reasonable degree of safety. Property owners have a legal duty to maintain not just the physical condition of their property, but also its security. When that duty is ignored and someone is injured in a preventable crime, the property owner may be held liable under Massachusetts premises liability law.

If you’ve suffered an injury due to poor security in Massachusetts, a knowledgeable Massachusetts premises liability lawyer can help you understand your legal options and fight for the compensation you deserve.

What Is Negligent Security?

Negligent or inadequate security is a form of premises liability that arises when a person is injured due to criminal activity that could have been prevented by reasonable security measures. These cases often involve third-party crimes like assaults, robberies, sexual assaults, or shootings that occur on private or commercial property.

Under Massachusetts law, property owners have a duty to take reasonable steps to protect lawful visitors from foreseeable harm. This includes anticipating potential criminal activity, especially in areas with a known history of crime, and taking precautions to reduce the risk.

Where Inadequate Security Incidents Commonly Occur

Negligent security claims can arise almost anywhere, but they are especially common in locations that invite public access or where tenants and guests are present:

Apartment buildings in cities like Lowell, Worcester, and Springfield
Hotels and motels near Logan Airport or along Route 1
Shopping centers and malls, including those along Route 9 in Natick or near Assembly Row in Somerville
Bars and nightclubs in areas like Boston’s Theater District
Public parking garages near MBTA stations or Fenway Park
College campuses and dormitories throughout Cambridge, Amherst, and Boston

If a lack of proper lighting, broken locks, absent security personnel, or other failures contributed to your injury, you may have grounds for a negligent security claim.

Common Examples of Negligent Security

While each case is unique, some of the most common failures that lead to injuries due to poor security in Massachusetts include:

Lack of security cameras or broken surveillance systems
Poor or nonexistent lighting in stairwells, alleys, and parking areas
Inadequate or untrained security staff
Broken doors, gates, or locks in residential or commercial buildings
Failure to respond to or address prior incidents of criminal activity
No warning signs or notices in high-crime areas

When property owners ignore these red flags, they put visitors and residents at serious risk.

What You Must Prove in a Negligent Security Case

In order to recover compensation in a premises liability claim for negligent security, you must show that the property owner failed to meet their duty of care and that this failure directly contributed to your injury.

A successful case typically must establish the following:

You were lawfully on the property as a tenant, guest, customer, or employee.
The property owner failed to provide adequate security measures given the nature of the premises and known risks.
The criminal act that caused your injury was foreseeable, meaning similar incidents had occurred previously, or the property was located in a high-crime area.
You suffered actual harm as a result of this failure, such as physical injury, emotional trauma, or financial loss.

Proving foreseeability is often the most challenging part of a negligent security case. A skilled negligent security lawyer in Massachusetts can investigate police reports, 911 call records, and prior complaints to demonstrate that the risk was known, or should have been known, to the property owner.

Types of Injuries Resulting from Inadequate Security

When property owners fail to secure their premises, the consequences can be devastating. Victims may suffer injuries ranging from physical harm to lasting emotional distress. Common injuries include:

Traumatic brain injuries from assaults or falls
Broken bones, lacerations, or internal injuries
Gunshot or stab wounds
Sexual assault-related trauma
PTSD, anxiety, or depression from violent encounters

These injuries can require long-term treatment, psychological counseling, or even prevent victims from returning to work. Victims should not be left to bear the cost of someone else’s negligence.

Compensation Available in Negligent Security Claims When you Work With an Experienced Massachusetts Premises Liability Lawyer

If you were injured due to negligent security, you may be entitled to recover both economic and non-economic damages. These can include:

Medical expenses: Hospital bills, surgeries, rehabilitation, mental health treatment
Lost wages: Income lost during recovery, as well as reduced future earning potential
Pain and suffering: Physical and emotional distress caused by the incident
Loss of enjoyment of life: For victims who can no longer participate in daily activities
Permanent disability or disfigurement in severe cases

In certain cases involving egregious negligence or reckless indifference, punitive damages may also be pursued to hold the property owner fully accountable.

What to Do If You’re Injured Due to Poor Security

If you’ve been the victim of a crime on someone else’s property, your health and safety should come first, but the steps you take immediately after the incident can also protect your legal rights.

Here’s what to do:

Seek immediate medical attention, even if injuries appear minor
Call the police and file an official report
Document the scene: Take photos or videos of lighting, locks, security cameras, or any hazards
Gather witness information: Names and contact details can be invaluable later
Report the incident to property management, especially in rental or commercial buildings
Avoid making statements to insurers or property owners without speaking to an attorney

Preserving evidence is critical, and time is of the essence. A Massachusetts premises liability lawyer can begin an immediate investigation to secure key records and identify liable parties.

Massachusetts Laws That Apply to Negligent Security Claims

Negligent security claims in Massachusetts fall under general premises liability law, which requires property owners to keep their premises reasonably safe. However, these cases also involve:

The Massachusetts Tort Claims Act applies if the injury occurred on public or government property (such as an MBTA station)
Comparative negligence rules: If you are found partially responsible for placing yourself at risk (e.g., intoxication), your compensation may be reduced
Statute of limitations: You have three years from the date of injury to file a premises liability lawsuit in most cases. Claims against public entities may have shorter notice deadlines.

These legal rules can significantly impact your ability to recover damages. A knowledgeable attorney can help you understand how the law applies to your specific situation.

Why You Need a Negligent Security Lawyer in Massachusetts

Injuries resulting from poor security are often life-altering, and proving liability is rarely simple. Property owners often claim they couldn’t have anticipated the crime, or that the attacker is the only person to blame. Insurance companies may dispute the extent of your injuries or offer lowball settlements that don’t cover your long-term needs.

A seasoned negligent security lawyer in Massachusetts can help by:

Investigating the property’s history of criminal activity
Securing surveillance footage and maintenance records
Interviewing witnesses and reviewing police reports
Consulting with security experts
Negotiating aggressively with insurers and property owners
Taking your case to trial if a fair settlement cannot be reached

Your lawyer’s goal is to hold negligent property owners accountable and ensure you receive the full compensation you are entitled to under the law.

The Role of Foreseeability in Negligent Security Claims

One of the most critical elements in any negligent security case is the concept of foreseeability. In Massachusetts, a property owner isn’t automatically liable just because a crime occurred on their premises. To hold them legally responsible, your Massachusetts premises liability lawyer must prove that the crime, or the conditions leading to it, was reasonably foreseeable and preventable through better security measures.

Foreseeability often hinges on the location’s history. For example, if an apartment complex in Roxbury had multiple prior incidents of break-ins or assaults, the landlord could reasonably be expected to implement better lighting, hire security personnel, or install surveillance cameras. Failing to do so after a known pattern of criminal activity can be viewed as a breach of their duty to keep tenants and visitors safe.

Evidence of foreseeability might include:

Prior police reports of similar crimes on or near the property
911 call records or incident logs from security staff
Complaints from tenants or customers about poor lighting or a lack of security

Without evidence of prior incidents, a one-time, random crime may not meet the legal threshold for foreseeability. However, in areas with higher crime rates, such as near transit hubs like South Station or areas with late-night businesses like Lansdowne Street, owners are expected to be more proactive.

Proving foreseeability is complex and fact-specific. A negligent security lawyer in Massachusetts can work with investigators and legal experts to uncover a property's risk history and show the owner failed to act, potentially making them liable for your injuries.

Speak With a Massachusetts Premises Liability Lawyer Today

If you or someone you love was injured due to inadequate security on another person’s property, you may have a valid premises liability claim. Don't let negligent property owners avoid responsibility for the harm you've suffered. Take the first step toward justice today.

Call the Law Office of Michael J. Carroll at (617) 816-1072 to speak with an experienced Massachusetts premises liability lawyer. We offer free consultations and only get paid if we win your case. Let us help you rebuild your life after an injury due to poor security in Massachusetts.