When property owners fail to protect visitors from foreseeable crime, the consequences can be life-altering.
If you or a loved one were assaulted, robbed, or harmed due to unsafe conditions on someone else’s property in Pennsylvania, you’re not alone in feeling overwhelmed. Violent incidents go beyond physical injuries, creating financial strain, emotional trauma, and urgent questions about who should have prevented what happened.
What many victims don’t realize is that Pennsylvania law requires property owners to maintain reasonably secure environments. When owners ignore known risks and crime occurs as a result, they may be found responsible for the harm you suffered under a premises liability claim. At Handler, Henning & Rosenberg LLC, our team has guided victims across Central Pennsylvania through these cases for generations, helping them understand their rights and rebuild their lives after preventable violence.
What Is Negligent Security in Pennsylvania?
Negligent security claims arise when a property owner fails to take reasonable precautions to prevent foreseeable criminal acts. These cases don’t argue that every crime is preventable. Instead, they focus on whether the owner knew or should have known about the risk and failed to act.
Examples of negligent security include:
- Apartment buildings with broken locks or unsecured entryways
- Dim parking lots where lighting has gone unrepaired
- Hotels or shopping centers with non-functioning security cameras
- Businesses in high-crime areas that provide no security presence
- Landlords who ignore tenant complaints about threats or prior incidents
In each situation, danger is largely predictable. Pennsylvania courts look at whether similar crimes had occurred nearby, whether tenants or patrons had reported issues, and whether the property’s layout or history required added precautions. When owners know there’s a problem and do nothing, they can be held accountable.
Negligent security claims not only support the victim’s recovery—they push property owners to take safety seriously, preventing future harm to their communities.
How Do You Prove a Negligent Security Case?
To succeed, you must show that:
1. The Property Owner Owed You a Duty of Care
Most victims are classified as invitees—customers, tenants, or people on a property for legitimate business or residential purposes. Owners owe invitees the highest level of protection. Social guests (licensees) receive less, and trespassers receive the least, though exceptions exist for children or especially hazardous conditions.
2. The Crime Was Foreseeable
Foreseeability is the heart of negligent security. Evidence may include:
- Prior similar crimes on or near the property
- Repeated tenant complaints
- Police recommendations for improved security
- Documented hazards like dark stairwells or broken locks
If crime was predictable, the owner had a responsibility to take reasonable steps to deter it.
3. The Owner Failed to Provide Reasonable Security
Reasonable measures depend on the type of property and its location. Courts compare what the owner did—or failed to do—against what a prudent property manager should have done under similar circumstances.
4. Their Failure Led to Your Injury
This means showing the attack or theft likely would not have happened, or would have been less severe, had the owner taken basic precautions.
Every piece of evidence that establishes foreseeability, security failure, and causation strengthens your claim—and your ability to secure fair compensation.
What Evidence Helps Prove Negligent Security?
Negligent security cases rely heavily on quick, organized evidence collection. Property conditions change fast, and critical footage can be lost within days. The most powerful forms of evidence include:
- Security camera footage before, during, and after the incident
- Maintenance and repair records, especially proof of ignored safety issues
- Police reports documenting prior crimes or warnings
- Photos or videos showing poor lighting, damaged locks, or unsecured entry points
- Witness statements from tenants, employees, neighbors, or bystanders
- Medical documentation detailing physical and psychological injuries
Emails or texts where tenants reported problems, notes from conversations with property managers, and crime statistics for the surrounding area all help demonstrate that the property owner had notice of dangers they chose not to address.
At Handler, Henning & Rosenberg LLC, we help clients secure these records early—before surveillance is erased, repairs are made, or witnesses become harder to reach.
What Should Property Owners Be Doing to Keep People Safe?
Property owners in Pennsylvania must take reasonable steps to address foreseeable risks. What qualifies as “reasonable” depends on the setting:
Residential Properties
- Working locks on doors and windows
- Adequate hallway and parking lot lighting
- Secure entry systems
- Responses to tenant complaints
Businesses and Shopping Centers
- Functioning surveillance cameras
- Visible staff or security presence in high-risk areas
- Regular inspections and prompt repairs
- Awareness of local crime trends and patterns
Hotels, Schools & Hospitals
- Controlled access points
- Emergency communication or alarm systems
- Security patrols where appropriate
Property owners aren’t expected to prevent every possible crime—but they must act like safety matters. When history, location, or repeated complaints reveal danger, doing nothing is not an option.
Common Defense Tactics in Negligent Security Cases
Property owners and insurers often push back hard. Their most common defenses include:
“The crime wasn’t foreseeable.”
They’ll argue the incident was too unusual to predict. Countering this requires evidence of prior problems, neighborhood crime patterns, or unresolved safety concerns.
“We had adequate security measures.”
Owners highlight cameras, locks, or security staff—even if those measures were broken, inconsistent, or ignored in practice.
“The victim contributed to the incident.”
Under Pennsylvania’s comparative negligence rules, insurers may try to shift blame by arguing the victim made unsafe choices, hoping to reduce or bar recovery. These strategies make early evidence collection and strategic legal guidance essential.
What Damages Can Victims Recover?
A negligent security lawsuit can help you recover both economic and non-economic damages, including:
Economic Losses
- Emergency room visits, surgeries, and long-term medical care
- Therapy or psychological treatment
- Lost wages and diminished earning potential
- Property damage
Non-Economic Losses
- Pain and suffering
- Emotional distress or PTSD
- Loss of enjoyment of life
- Loss of companionship in some cases
Punitive Damages
In rare cases involving extreme disregard for safety, punitive damages may be awarded to punish the property owner and deter similar conduct.
A thorough evaluation of your damages ensures no loss—physical, emotional, or financial—is overlooked.
What to Do Immediately After an Assault or Crime
Your safety comes first. But after receiving medical care, taking the following steps can protect your rights and strengthen your case:
1. Report the incident to police immediately.
A police report documents what happened and helps establish foreseeability and liability.
2. Photograph the scene.
Capture lighting conditions, broken locks, entrances, or any security failures.
3. Preserve physical and digital evidence.
Save medical records, communications with property managers, and witness information.
4. Avoid giving statements to insurers or property owners.
Their goal is damage control. Speak with a lawyer first.
5. Contact an attorney familiar with negligent security cases.
Quick action ensures surveillance footage is preserved and critical records are obtained before they disappear.
The sooner you act, the stronger your legal position becomes.
How Long Do You Have to File a Negligent Security Claim?
In most cases, Pennsylvania law gives you two years from the date of the incident to file a personal injury lawsuit. Missing this deadline almost always means losing your right to pursue compensation.
Exceptions exist for minors, concealed information, or delayed discovery, but courts apply these sparingly. Because evidence fades quickly, you should speak with an attorney as early as possible.
How Our Pennsylvania Negligent Security Attorneys Help
Negligent security claims are complex. They often involve multiple parties, conflicting accounts, and aggressive insurance defense teams. At Handler, Henning & Rosenberg LLC, we draw on decades of experience throughout Harrisburg, York, Lancaster, Carlisle, Hanover, and Schuylkill County to build strong, evidence-driven cases.
Our team:
- Collects and preserves surveillance footage, maintenance logs, and police records
- Works with security experts to examine lighting, access control, and property design
- Reconstructs events to demonstrate foreseeability and owner negligence
- Handles all communication with property owners and insurers
- Prepares each case for trial to maximize leverage in negotiations
We approach every case with compassion, transparency, and tenacity—because victims of preventable crime deserve answers, accountability, and the resources to move forward.
Why Pennsylvania Residents Trust Handler, Henning & Rosenberg LLC
For more than a century, our firm has stood with Central Pennsylvania families during their hardest moments.
Our clients benefit from:
- Deep roots and local insight in every county we serve
- A long history of significant recoveries in complex injury cases
- Personalized, respectful guidance during every stage of the process
- Recognition from respected legal organizations, including Super Lawyers® and Avvo
We believe no one should face the aftermath of violent crime alone. When a property owner’s negligence puts your safety at risk, we’re here to protect your rights and fight for the justice you deserve.
If you or someone you love was harmed due to inadequate security, contact us or call (888) 498-3023 today. Our team is ready to listen, guide you, and help you rebuild with confidence.