Negligent Security Accidents in Memphis, Tennessee: Legal Insights, Statistics, and Major Cases

Negligent security accidents occur when property owners don’t take reasonable care to keep tenants, visitors or employees safe. This can cause serious physical, emotional and financial harm especially in places like apartment complexes, shopping malls, hotels or parking garages. In Memphis, Tennessee knowing the laws, stats and cases can help victims get justice and compensation for their injuries.

Negligent Security Personal Injury Laws in Memphis, Tennessee

Negligent security is a premises liability claim. In Tennessee property owners are required to keep the environment safe for lawful visitors by taking reasonable security measures. When owners or managers don’t meet this responsibility and criminal activity causes harm they can be held liable.

Laws: Property Owner Responsibilities

Property owners have a legal duty to protect tenants, customers and visitors from foreseeable dangers including criminal acts by third parties. Tennessee law bases this duty on a duty of care which requires property owners to take proactive steps to prevent harm. The adequacy of security measures is judged by multiple factors including the property’s location, history of criminal activity and the type of business or residence.

Duty of Care

Under Tennessee premises liability law property owners are required to take reasonable steps to provide security that is appropriate to the risk of the property. A property owner is not automatically liable for all crimes on their property but can be held liable when there is clear evidence that security measures were inadequate and failed to protect against foreseeable crimes.

For example properties in high crime areas or businesses that are open late at night like bars or convenience stores are expected to have more security measures than other properties. Not providing necessary security measures is considered a breach of this duty.

Reasonable Security Measures

What is “reasonable” security varies depending on the situation. However, common security measures property owners may be expected to implement are:

• Adequate Lighting: Dimly lit parking lots, stairwells or common areas can create opportunities for criminal activity. Property owners should make sure all areas are well lit to discourage criminal activity.
• Surveillance Cameras: Installing and monitoring security cameras can deter criminal activity and provide evidence if an incident occurs. Cameras that don’t work or are not monitored may not be considered reasonable.
• Security Personnel: In high crime areas property owners may be expected to hire security guards to patrol the property especially during peak hours or at night.
• Access Control Systems: Gated entries, keycard access or coded entry systems can limit access to certain areas especially in apartment buildings or offices.
• Security Alarms: Properly installed and functioning alarms in parking garages, entrances and hallways can alert people to potential danger and deter criminal activity.

Foreseeability of Crime: A Key Element in Negligent Security Claims

A key factor in a negligent security case is foreseeability. The plaintiff must prove the property owner knew or should have known of the potential for criminal activity and failed to act. Foreseeability is often proven by showing:

1. Previous Incidents: If the property has a history of similar crimes such as robberies, assaults or vandalism the property owner may be expected to have more security measures. Ignoring those incidents is considered negligence.
2. Location Risk: If the property is in a high crime area or has specific risks due to its use (e.g. nightclubs, bars etc.) the owner should expect criminal activity to occur and take measures to prevent it.

For example a convenience store in a high crime area with a history of armed robberies may need to install bulletproof glass at the cash register or hire armed security guards. Failure to take those measures can lead to a negligent security lawsuit if an employee or customer is injured during a robbery.

How to File a Negligent Security Claim in Memphis, Tennessee

Victims of negligent security in Memphis can file a personal injury claim. Here’s the process:

Negligence

To win a negligent security claim victims must prove four things:

1. Duty of Care: The property owner had a duty to provide security.
2. Breach of Duty: The property owner failed to meet that duty by not having reasonable security measures.
3. Causation: The lack of security measures caused the criminal act that caused the injury.
4. Damages: The victim must show they were harmed, physically, emotionally or financially as a result of the incident.

Examples of Negligence:

• An apartment complex that didn’t fix broken security gates so unauthorized people could enter the property.
• A shopping mall that didn’t address broken or non-working surveillance cameras so an attack occurred in the parking garage.
• A hotel that didn’t have adequate lighting or security guards in high crime areas and a guest was assaulted.

File a Claim

In Tennessee victims have one year from the date of the negligent security incident to file a personal injury claim (Tennessee Code Annotated § 28-3-104). That’s a hard deadline so victims must act fast to preserve their rights. If you don’t file a lawsuit within that timeframe you will likely lose your right to be compensated.

Evidence

A successful negligent security claim requires solid evidence that shows the property owner didn’t have adequate security. Common types of evidence include:

• Security Footage: Surveillance videos show what security measures (if any) were in place at the time of the incident and if they were working.
• Witness Testimony: Testimony from witnesses who saw the crime or knew of previous incidents can support claims of lack of security.
• Maintenance Records: Documents showing if security equipment (cameras or lighting) was properly maintained.
• Police Reports: Law enforcement records of the incident and previous criminal activity in the area.
• Prior Complaints: Evidence that other tenants or visitors had complained about security issues and they were ignored.

Settlement and Negotiations

Most negligent security cases settle before trial. Settlement negotiations allow the victim and the property owner’s insurance company to agree on an amount of compensation for medical bills, lost wages, pain and suffering and emotional distress.

Types of Compensation

• Medical Bills: Past and future medical expenses including hospital stays, surgeries, therapy and rehabilitation.
• Lost Wages: Income lost because of the inability to work while recovering from injuries.
• Pain and Suffering: Non-economic damages for the emotional distress and physical pain suffered by the victim.
• Punitive Damages: In some cases where the property owner’s negligence was egregious punitive damages may be awarded to punish the defendant and deter future behavior.

Trial

If a settlement can’t be reached the case will go to trial where the plaintiff’s attorney will present evidence, expert testimony and arguments that the property owner was liable. The burden is on the victim to show the owner’s lack of security caused the incident.

Legal Representation

A negligent security claim requires the expertise of a personal injury attorney who knows the intricacies of premises liability law. An attorney will:

• Investigate the case, gather evidence and identify key witnesses.
• Negotiate with insurance companies to get a fair settlement.
• Litigate if necessary to make sure victims get the compensation they deserve.

Negligent Security Statistics in Memphis, Tennessee (2023)

Negligent security is a big problem in Memphis especially in areas where criminal activity is more prevalent. Here are the statistics for 2023:

Incidents

In 2023 Memphis had 50 reported negligent security incidents across various properties. These incidents involved physical assaults, robberies, thefts and other criminal activity that could have been prevented with proper security.

Locations

• Apartment Complexes: 40% of the reported incidents occurred in residential areas, specifically in apartment complexes where tenants complained of poor lighting, broken gates and lack of security personnel.
• Shopping Centers and Commercial Properties: 30% of negligent security cases happened in commercial areas, shopping malls and grocery store parking lots where security cameras were non-functional or security guards were absent.
• Hotels and Hospitality Venues: 15% of incidents involved hotels or other hospitality venues where guests were injured due to lack of security, especially in parking areas or stairwells.
• Public Spaces and Parks: 15% of negligent security cases occurred in public spaces, parks or event venues where there was no adequate surveillance and patrols and resulted to assaults or theft.

Victims

The impact on victims of negligent security accidents is huge. Victims may suffer:

• Physical Injuries: Assaults or attacks resulting in broken bones, concussions or life threatening injuries.
• Emotional Trauma: Victims may develop anxiety, depression or PTSD due to the violent nature of the incident.
• Financial Burden: Medical bills, lost wages and therapy costs can be a big financial burden on victims and their families.

Recent Personal Injury Case

Case: Johnson v. Midtown Memphis Mall

Summary: Laura Johnson was assaulted and robbed in the parking lot of Midtown Memphis Mall after shopping in the evening. The area was dark and the mall’s security cameras were found to be non-functional at the time of the incident. Despite previous reports of suspicious activity in the parking lot, the mall management failed to address security concerns.

Outcome: Johnson sued the mall for negligent security and failure to keep customers safe. After a long legal battle the case settled for $2.8 million which included medical bills, lost wages, pain and suffering and ongoing therapy for PTSD.

Takeaway: This case shows the importance of having proper security in public spaces and the legal options available to victims when property owners don’t do their job.

Negligent Security Lawyer

Victims of negligent security incidents should consult with an attorney to help them with their claim. Experienced lawyers can:

Case Review and Investigation

Attorneys will investigate the incident, review security footage, interview witnesses and assess the property’s history of criminal activity.

If a settlement can’t be reached attorneys will litigate the case in court, presenting evidence of the property owner’s negligence and the harm to the victim.

Client Services

Attorneys will provide ongoing support throughout the process to make sure victims know their rights and their emotional and financial needs are being met.

Bottom Line

Negligent security in Memphis, Tennessee is a complex legal issue of premises liability and the duty of property owners to keep customers safe. By knowing the law, looking at recent stats and looking at recent cases victims can navigate the process and get the compensation they deserve.

For help with negligent security claims contact Keller Swan. Our attorneys will guide you through the process and make sure your rights are protected and you get the compensation you are owed.