Pioneer in Sexually Transmitted Disease and Gender Bias Litigation
Injured on Baltimore Property? When Negligent Security May Be to Blame
TL;DR: In Maryland, a “negligent security” case is typically a premises-liability negligence claim that may focus on whether a property controller took reasonable steps to address foreseeable criminal risks. These cases are fact-specific and often turn on foreseeability, control of the area, and evidence like prior incidents, lighting/locks/access issues, and available video. If you suspect a security failure played a role, consider preserving evidence early and talking with counsel.
What “Negligent Security” Means (and What It Does Not)
“Negligent security” is not a separate magic label in Maryland. It is usually a negligence theory within premises liability. The core questions tend to be whether the defendant owed a duty to the injured person, whether the defendant failed to use reasonable care under the circumstances, and whether that failure contributed to the harm.
Maryland courts have addressed when a landlord or property controller may have duties relating to criminal acts by third parties, often focusing on what was reasonably foreseeable and what the defendant knew or should have known. See, for example, Scott v. Watson and Hemmings v. Pelham Wood.
Negligent security also does not mean a property owner guarantees safety or is automatically liable every time a crime happens. Many cases rise or fall on context: the location, prior warning signs, what security measures existed, and what would have been reasonable to do differently.
Common Locations for Negligent Security Claims in Baltimore
Negligent-security allegations can arise in many settings, including:
- Apartment complexes and multi-family housing
- Hotels and motels
- Bars, restaurants, and nightclubs
- Convenience stores and shopping centers
- Parking lots and garages
- Event venues
- Office buildings and mixed-use properties
Expectations can vary by property type and circumstances. A late-night venue serving alcohol may present different foreseeable risks than a daytime retail store, and a controlled-access residential building may raise different questions than an open shopping plaza.
Security Failures That Can Matter
Depending on the facts, issues that may be relevant include:
- Broken or inadequate locks, gates, or entry systems
- Poor lighting in stairwells, hallways, or parking areas
- Non-functioning cameras, poor camera placement, or lack of monitoring where monitoring is otherwise reasonable
- Failure to respond to known access problems (for example, doors that do not latch)
- Inadequate staffing or security presence when reasonably needed
- Failure to address repeated trespassing or known criminal activity
- Landscaping or sightline obstructions that create hiding spots
Whether any of these amounts to negligence depends on the full context, especially what the property knew (or should have known) and what precautions were reasonable under the circumstances.
Foreseeability: Why Prior Incidents and Warning Signs Matter
A central issue is often foreseeability: whether the risk of the type of harm that occurred was reasonably predictable. Maryland appellate decisions discussing third-party criminal acts frequently analyze foreseeability and the relationship between the parties. See Scott v. Watson and Hemmings v. Pelham Wood.
Evidence that may help evaluate foreseeability can include:
- Prior police calls or incident reports at or near the property
- Past assaults, robberies, or similar crimes on-site
- Tenant/customer complaints about safety concerns
- Internal security logs, emails, or maintenance requests
- Known issues with broken doors, locks, intercoms, or lighting
Property owners may argue the incident was sudden or unusual. A careful investigation often focuses on patterns, repeated complaints, and whether basic protections were ignored.
Tip: Preserve Video and Photos Immediately
Tip: Surveillance systems often overwrite footage quickly. If you can do so safely, document camera locations, take photos of lighting and entry points, and write down the time window you believe was captured. A lawyer can send a written preservation request to help reduce the risk of routine deletion.
Checklist: What to Gather in the First 48 Hours
- Medical visit summary and discharge paperwork
- Police report number and responding agency information
- Photos/videos of the scene (lighting, doors/locks, gates, signage, camera placement)
- Names and contact information for witnesses
- Any incident report completed by the property/business
- Clothing/items involved (store unwashed if relevant)
- Texts/emails/ride receipts showing where you were and when
- Notes on what you observed (open doors, broken locks, no lighting, prior complaints you know about)
Who Might Be Responsible
Depending on the situation, potentially responsible parties can include:
- Property owners
- Property management companies
- Landlords (in rental settings)
- Commercial tenants (businesses operating on the premises)
- Security contractors (if private security was hired)
- Event organizers or promoters (for certain venues)
Responsibility often depends on who controlled the area where the incident occurred (for example, a tenant’s leased space versus a common area like a hallway, courtyard, or parking lot).
What to Do After an Incident (Practical Steps)
If you were hurt on someone else’s property, these steps can help protect your health and preserve information:
- Get medical care promptly and follow up (health comes first).
- Call 911 and make a report; ask how to obtain the report number.
- Photograph the scene (lighting, entrances, broken locks/gates/doors, signage, camera placements).
- Identify witnesses and get contact information.
- Preserve what you have: texts, emails, ride receipts, and incident-related communications.
- Ask the property for any incident report they prepared.
- Consider limiting detailed social media posts about the event until you receive legal advice.
Video can be overwritten or lost as part of routine system operation. If footage may exist, contacting counsel early can help request preservation in a documented way.
What Compensation May Be Available
If a negligent security claim is viable and liability can be proven, compensation may be available for losses such as:
- Medical expenses (including future care when supported)
- Lost wages and loss of earning capacity
- Pain and suffering
- Costs tied to disability or long-term limitations
- In some cases, counseling or mental health treatment expenses related to the event
Every case is fact-specific. A legal evaluation typically reviews medical records, incident documentation, security conditions, and the history of prior incidents and complaints.
Timing: Do Not Wait to Get Advice
Time limits can matter. Many Maryland civil claims are subject to a general three-year limitations period, but exceptions can apply depending on the type of claim and parties involved. See Md. Code, Courts & Judicial Proceedings § 5-101.
Additional notice requirements may apply when a government entity or employee is involved (which can come up in certain property/venue contexts). For example, the Local Government Tort Claims Act includes notice provisions. See C&JP § 5-304. Claims against the State may also involve specific notice rules. See Md. Code, State Government § 12-106.
Even when a lawsuit deadline is months or years away, early action can be important to identify the correct defendants and preserve evidence.
FAQ
Is a property owner automatically responsible if I was assaulted on the property?
No. These cases are highly fact-specific. A key issue is often whether the criminal act was foreseeable and whether reasonable security measures were in place under the circumstances.
What if the incident happened in a parking lot?
Parking lots and garages are common locations for negligent-security allegations, but responsibility often depends on who controlled the area, what safety measures existed (lighting, cameras, patrols), and whether prior incidents or complaints suggested a foreseeable risk.
How long do I have to file a claim in Maryland?
Many civil claims are subject to a three-year limitations period, but different rules and shorter notice deadlines may apply in cases involving government entities. An attorney can evaluate the specific deadline for your situation.
What if there is surveillance video?
Footage may be deleted or overwritten as part of routine retention practices. It can help to act quickly to identify cameras and request preservation.
How Our Firm Can Help
A negligent security case usually requires more than proving a crime occurred. Our role is to investigate whether preventable security failures contributed to what happened and to pursue accountability where the facts support it.
Typical case work may include:
- Identifying all parties who controlled the property and security operations
- Requesting and preserving surveillance video, maintenance logs, and incident reports
- Reviewing prior incidents and complaints to evaluate foreseeability
- Working with qualified experts when appropriate (for example, security practices or property management)
- Documenting damages with medical and employment records
If you were injured on Baltimore property and have concerns about safety failures, contact us to discuss what happened and potential next steps.