A property owner or occupier can be liable for an assault if he or she fails to provide security adequate enough to keep the property safe from foreseeable criminal activity. This duty of care mirrors that in most premises liability cases, when the landlord owes a duty of ordinary care to invitees to guard against unsafe conditions. That duty doesn’t mean the landlord has to go to extraordinary means to prevent injury from unsafe conditions—or from criminal activity—but cannot fail to do so out of negligence. The landlord must make reasonable efforts to prevent foreseeable criminal activity.
Such cases will present questions regarding whether or not the measures taken are reasonable or the criminal activity is foreseeable. Liability for negligently inadequate security could apply on any property, including amusement parks, hotels, bars, restaurants, nightclubs, concert arenas, shopping centers, office buildings, sports venues, and even office buildings and subway stations.
Typical examples of negligent security include inadequate or non-functioning lighting, failing to respond to security warnings or alarms, failing to place surveillance cameras on the property, failing to increase security measures after repeated criminal activity, failing to warn visitors of foreseeable risks in regards to criminal activity, or, depending upon the kind of property involved, failing to provide security personnel on the premises.
That doesn’t mean that a property owner is liable for all criminal activity on the property. However, premises liability could apply if the landlord failed to take reasonable care to prevent foreseeable criminal activity.
