The Research

Recently, a negligent security lawsuit statistics study titled “Major Developments in Premises Security Liability III”, by Norman D. Bates, Esq., President of Liability Consultants, Inc. a Massachusetts based security management and liability consulting firm, reviewed 1,086 reported cases from 1992 to 2001. Cases were gathered from the following: ATLA Law Reporter, Security Law Newsletter, Premises Security Liability Report, Professional Apartment Management, Private Security Case Law Reporter, Lawyers Weekly USA, Mealey's Litigation Reports, The Spain Report, and Personal Injury Verdict Reviews. Obviously, only those cases which are publicly reported can be analyzed. This means that cases that settle with confidentiality agreements (the majority of cases contain this) cannot be analyzed.

To discuss your potential inadequate security case with a negligent security lawyer now, call us at 888.375.9998 for a free consultation. 

Robbery Negligent Security Verdicts, Settlements and Statistics

Robbery negligent security claims were as varied as the above assault cases. No industry dominated the robbery category. 196 cases were analyzed. The most commonly named Defendants were: 

• Hotels and Stores (at 21 lawsuits each),

• Shopping malls (20 cases),

• Apartment complexes (19 cases), and,

• Restaurants (19 cases).

Negligent Security Robbery Case Examples

Roe v. Interstate Properties, District Court of the Eastern District of Virginia, 1994), The female plaintiff worked at a mall kiosk. As she was closing up the mall kiosk, a gunman forced her into his vehicle where he robbed and raped her in the mall parking lot. Roe sued the the mall for failing to provide appropriate security in the mall parking lot. Via discovery, it was determined that the mall security guard was supposed to be on duty that night but failed to show up. The Plaintiff lawyer also determined that more than 150 crimes had been committed against individuals at the mall. Head of mall security testified that he had requested four guards to patrol the area but had only been given funds to hire one. The mall paid the plaintiff more than $350,000 days prior to trial.

Simms v. Prime Hospitality Hotels (Florida District Court of Appeals, 1997). Ms. Simms was a hotel guest staying at a Prime Hospitality hotel. As she came back to her hotel room in the evening, she left the elevator and saw a man standing

in the common area near her room. The stranger forced her into her room at gun point and robbed and raped Ms. Simms. The plaintiff sued the hotel for negligent security. The Florida plaintiff’s lawyer discovered evidence from the neighborhood crime grid that there were 56 crimes on the premises during the past three years, including similar robberies. The plaintiff argued that this was not a safe neighborhood, that the hotel knew this but did nothing to secure their premises. Attorneys for the hotel argued that when Simms saw the stranger in the hallway near her room, she should have walked away. 

The jury agreed with the Plaintiff and awarded $400,000 dollars in damages. 

Rape Jury Verdicts and Settlement Awards

No one industry dominated the negligent security rape cases. The study found that rape and wrongful death cases fetched higher jury verdicts when compared to robbery and assault cases. Apartment complexes and Condominiums lead the pack in rape cases (Defendants in 65 of the negligent security rape cases). Hospitals and nursing homes surprisingly were second (28 cases), and hotels and management companies were sued in 26 cases each. Both malls and private security companies were named Defendants in 23 cases each. The study shows that, while apartments lead the rape location statistics, rapes in hospital/nursing home/rehabilitation centers are drastically increasing. Sadly, many premises security rape cases now take place in nursing homes. 

Rape Victim Lawsuit Examples

McCann v. Grant, Franklin County Court of Common Pleas, Ohio, 1999. A nurse reporting to the hospital was raped in the parking lot of the hospital. The nurse sued the hospital, claiming negligent security. Specifically, the plaintiff attorney alleged the hospital provided no perimeter security, no lot attendant, and no security guards, and inadequate monitoring of CCTV cameras, despite knowing that crime takes place in this hospital parking lot. A jury of 6 agreed with the Plaintiff and awarded her $400,000.

Niece v. Elmview Group Home, Washington Supreme Court, 1997. Cerebral palsy resident was molested repeatedly by a predatory employee of the defendant facility.

Plaintiff alleged that the healthcare facility’s policies and procedures should have prevented the male employee from being alone with the female brain injured resident. 

The trial court agreed with the defense’s position -- that the healthcare facility was not liable for its employees wrongdoing. However, on appeal, the appellate court reversed the trial court, holding that the wrongdoing was foreseeable and the facility was therefore responsible for the wrongdoing. The Washington supreme court agreed with the appellate court and PCA-ed the reversal. 

Peterson v. Gibraltar Savings and Loan Club West is an awful example of an inadequate security sexual assault lawsuit. Peterson v. Gibraltar Savings was a 1998 Louisiana Negligent Security Case. The Plaintiff, Fred Peterson, had a gun shoved in his face while he was in a parking garage. He was kidnapped from the garage, masked, taken to a desolate house. While inside the home, Peterson was raped and infected with AIDS as a result. The middle aged male plaintiff then sued the owner of the parking garage, as well as bringing a lawsuit against the private security group who was responsible for patrolling the parking garage. The trial testimony revealed that the security company failed to maintain required records and that the security guard responsible for driving the garage failed to do so that night. The testimony also revealed that the owner of the building decided to remove the guarded security barrier to save money, even though the surrounding crime grid revealed the area was getting more dangerous. Shockingly, the jury found no negligence and issued a defense verdict. In an unprecedented move, the appellate court reversed the defense verdict and awarded the plaintiff $4,400,000.

Doe v. Kmart Corp, 1997 South Carolina. A negligent security lawsuit with similar facts. A female victim, leaving an area K-Mart, was abducted and raped in a desolate area for a full day (24 hours). The female victim, Doe, brought suit against the K-mart store. The inadequate security lawsuit alleged that, due to the high crime in the area, the store did not do anything to prevent foreseeable criminal attacks on its patron in its parking lot. The trial evidence revealed that a very similar kidnapping and assault attack occurred in the same parking lot and the store still did nothing. The jury found in favor of the Plaintiff and found the female rape victims damages as $600,000.

Assault and Battery Premises Liability Lawsuit: Statistics, Verdicts and Settlement Averages

The negligent security analysis looked at more than 700 assault cases which resulted in civil litigation. Common Defendants in these assault cases were Churches, bars, restaurants, ATM's, movie theaters, apartment complexes and trailer parks. The most frequent offender in assault inadequate security cases were bars and nightclubs (85 cases), primarily for bar fights resulting in serious injury or death.  Condominiums and apartment complexes came in second for assault injury lawsuits, comprising 76 of the 700+ assault claims. Restaurants were the third most commonly named Defendant in failure to provide security trials at 70 claims. Stores were next at 52 cases, security companies coming in 5th at 46 negligent security lawsuits.

Examples of Inadequate Security Assault and Battery Claims

Cox v. Keg Restaurant (Washington Appeals Court, 1997), Bar manager James Kollasch was warned that a drunken customer named Philip Whalen posed a threat to other patrons. The manager bounced Whalen from the bar, but Whalen re-entered the bar not long thereafter. After being in the bar for some time, Whalen brutally attacked Cox, another patron. The negligent security bar fight resulted in the Plaintiff suffering significant brain injury. 

The Plaintiff, Cox, sued the Keg Restaurant, claiming that they were negligent in failing to remove the dangerous patron. However, the Court ruled that the bar was not responsible for Whalen’s vicious attack. 

Gage v. One Congress Inc. (Suffolk Superior Court, Massachusetts, 1997).

A Boston bouncer removed a patron for being too drunk and exhibiting aggressive behavior. The initial removal from the bar was without incident. However, the drunk patron came back and re-entered the bar. In attempting to remove the drunk customer for a second time, the intoxicated man stabbed the bouncer. The bouncer then sued the bar for failing to provide adequate security, which resulted in his assault. The plaintiff was awarded $1.2 million.

Valentine v. Nayarit Restaurant and Night Club (California Supreme Court, 2000). The female plaintiff was involved in an argument in a nightclub parking lot where she was shot, resulting in a spinal cord injury, causing the plaintiff to be paralyzed. Discovery revealed that the Defendant nightclub held itself out in advertisements as possessing a safe, secure parking for its customers. The nightclub shooting lawsuit resolved before trial, resulting in a $7 million dollar settlement for the paralyzed Plaintiff.

Statistically, the Defense Wins More often than the Plaintiff in Inadequate Security Civil Trials

The study shows that Defendants won 52% of the negligent security jury trials out of the 1,086 cases studied. 21% of the time, the Plaintiff received a winning verdict. 19% of cases were continued or sent back to be re-tried. 8% of the cases resulted in confidential settlements, which typically involves the Defendant paying the Plaintiff some amount of money. 

Most plaintiffs (70%) were customers or guests of the business. Employees of the Defendant make up 17% of plaintiffs. 7% are unknown due to the confidentiality of the settlement. 1% of plaintiffs were trespassers.

When compared to the negligent security lawsuit study from the 1990s, the new study shows that plaintiffs won more trials in the 90s when compared to now. However, the newer study shows that juries are awarding higher verdicts now when the Plaintiff does win. So why the change? More cases are settling, so it is possible that the truly explosive plaintiff cases resolve before trial. 

Negligent Security Case Values

Of the 21% of trials that the Plaintiff won:  

• 40 % were amounts less than $250,000;

• 16 % fell in the $250,000 and $500,000 category;

• 13 % were between $500,001 and $1 million;

• 13 % landed verdicts between $1,000,001 and $2,000,000;

• 10 % were between $2 and $5 million; and,

• 8 % obtained more than $5 million.

Common Inadequately Secured Locations Giving Rise to a Lawsuit

The most frequent location for the negligent security cases was a parking lot (289 inadequate security lawsuits in the study took place in a parking lot). Apartment buildings were second with 211 cases. Other frequent locations for crime victim cases were stores, exterior common areas, bars and schools.

Negligent Security Settlements Based on Business Type

During the 10 years examined, apartment operating companies paid an median $1.5 million in damages from jury awards and $1.7 million in out of court settlements. 

Retail stores paid a median of $1.7 million from jury verdicts and averaged a settlement of $1.2 million.

In inadequate security lawsuits, hotels paid out an average of $1 million in jury verdicts and $632,000 in pretrial settlements. 

Restaurants paid an average of $600,000 in jury verdict awards and settled on average for $2.8 million their negligent security lawsuits.

SETTLEMENTS AND VERDICTS BASED ON INJURY

Wrongful death averaged the most significant jury verdicts at $2.8 million.

Second were robberies with a median jury verdict of $1,900,000 with a median settlement of $1.6 million. 

Thirdly, inadequate security rape lawsuits resulted in an average of $1.5 million jury verdicts and settled on average for $1.2 million. 

Coming in fourth would be assault and battery cases. Injured victims of A&B cases obtained average jury verdicts of $1,200,000 and median pretrial settlements of $1.1 million.

Negligent Security Cases Brought by Employees

Negligent security cases based on the failure to provide adequate security measures (lighting, locks, fencing, security guards) result in larger settlements and jury verdicts versus cases where a business employee caused the harm. However, employers still owe a duty to their employees to keep them safe and out of harm's way. If an employee is raped, attacked, shot or murdered while on the job, the employer may be held responsible via a negligent security lawsuit. Likewise, if a patron or customer is attacked by an employee, the employer may be responsible for failing to properly screen the employee before hiring him. These employee based lawsuits are premised on negligent hiring, negligent retention and negligent supervision of the employee.

MC v. Yeargin (MO 1996). A female hotel resident stepped out of her hotel room but was pushed back into her room by a hotel employee.  Following a loud scuffle, another hotel resident called the police. Before the police arrived, security from the hotel arrived at the subject hotel room. The security guards heard the attacker threatening to kill the hotel guest, but decided not to get involved. Instead, the hotel security waited for the police to arrive. As the security sat idly by, the attacker viciously raped the female hotel guest. To add insult to injury, the attacker was HIV positive. After completing the rape, the rapist was able to leave the hotel before the police officers arrived. 

The rape victim brought a negligent security rape lawsuit and the jury awarded her $11 million. On appeal, the award was reduced to $3 million.

Bond v. BH Acquisition Corp. (1997 Mississippi Case), A female waitress worked at a restaurant located inside a motel. As she was walking to her car after her shift, she was attacked and raped in the motel parking lot.  A lawsuit was brought against the motel owner for failing to provide adequate security in the parking lot.  Apparently, the motel owner hired a private security company which had 1 security guard for multiple properties covering 240 acres.  Additionally, there was only one light in the motel parking lot the light was not operating for months before the murder. The inadequate security motel lawsuit settled before trial for $1,600,000.

Negligent Hiring and Retention Lawsuit Verdicts and Settlements

Incidents and criminal acts committed by company employees are typically called ‘negligent hiring and retention lawsuits.’ Negligent retention cases are slightly more difficult when compared to pure negligent security cases. Negligent retention and negligent hiring of employee cases can be as simple as a company failing to do a background check on a potential new employee. 

Smith v. Sparks Regional Medical Center -- Arkansas 1998. Failure to perform a background check on employee. A woman was admitted to the hospital as an inpatient. The patient was female and bedbound. During a bath, a hospital employee sexually assaulted the female hospital patient. The hospital employee was arrested and the female patient brought a lawsuit against the hospital for failing to conduct a background check on the employee. Apparently, this hospital employee was fired from his previous job for harassing a patient and acting in a sexually inappropriate manner with two female hospital patients. The plaintiff was awarded a confidential sum of money from the hospital. 

Gender in Negligent Security Verdict Values

Sadly, and maybe surprisingly, male victims of negligent security were awarded more money than female victims. Male victims of rape are awarded considerably more money than female victims of rape, regardless of the business type where the rape occurred.

Male hotel guests who were raped were awarded an average of 2 times their female hotel rape victim equivalents. When you consider the amount of money the average negligent security rape victim is awarded in a settlement or verdict, this gap between men plaintiffs and female plaintiffs is a sizable one. 

Of the 56 negligent security rape cases analyzed in the study, female victims were awarded an average of $1.4 million in damages, versus men who were averaging $4.4 million in settlements and verdicts. 

Wrongful death damages - Women wrongful death victims averaged a $2,300,000 in negligent security wrongful death settlements and verdicts. Male wrongful death victims averaged $3.7 million in verdicts and settlements. 

Robbery Negligent Security Damages - Female plaintiffs averaged $1.9 million in compensation, while men averaged two and a half million in awards.

Effective Tools to Prove a Plaintiff's Negligent Security Case at Trial

Good Experts

The most important aspect of making a Plaintiff's inadequate security case work at trial is to hire and call the right expert witnesses. These may include former FBI agents, police officers, lighting specialists, locksmiths, etc. Each case is different and requires different experts. However, our negligent security law firm regularly hires a variety of security specialists.

Inadequate Security Through the "Barrier Concept"

Adequate security protection comes from the 3 L's -- location, lighting and landscape. The most barriers (layers) of security there are, the less likely the criminal will seize the opportunity and commit the crime. Experts can cite to countless studies to educate the jury that had the business had lighting, security guards, cameras, etc., the violent attack would not likely have occurred. 

Crime of Opportunity vs. Premeditated Action

Foreseeability of a crime occurring (the key ingredient in a negligent security trial) is only present in crimes of opportunity. Crimes of opportunity arise out of negligent security. For instance, a criminal sees a dark ATM with no guards present and decides to rob the ATM customer. This is a crime of opportunity. Conversely, if a person is 100% hellbent on killing John Smith, it doesn't matter whether he is in a mall parking lot or in front of the police station. John Smith was going to get murdered by the person regardless of the location. This is a premeditated crime and this makes a negligent security lawsuit quite difficult. 

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