Navigating the Rising Tide of Violent Crime: Understanding Negligent Security and Its Implications

The Surge in Violent Crime: A Troubling Trend

While property crime (except for car theft) has been on the decline, the United States has been experiencing a worrying surge in violent crime since the start of the pandemic. Murder and non-negligent manslaughter rose 29.4 percent in 2020 from 2019, the biggest rise since recordkeeping began in 1960, according to F.B.I. data. The trend continued in the first half of 2021, when the number of homicides increased 16 percent from the same period in 2020 and 42 percent compared to the same period in 2019. Aggravated assault increased 9 percent, and gun assaults were up 5 percent, according to the Council on Criminal Justice.

Negligent Security: A Growing Liability

When a violent crime occurs on a business or residential property, the victims often can hold the owners liable for damages stemming from “negligent security.” Negligent security cases are based on the obligation (“duty of care”) of a property owner or tenant to provide a safe environment for their customers, residents, or visitors. According to PropertyCasualty 360, such cases are a “significant and growing subset of premises liability.” Examples of negligent security include poor lighting, lack of security guards or guards who fail to do their job properly, and insufficient locks or other security devices.

Risk Management and Insurance: Mitigating the Impact

Property and business owners can prepare to demonstrate that they have taken reasonable precautions by making sure crime prevention practices are in place. Steps that can be taken include having on-site security staff and making sure they follow up-to-date policies and procedures, making sure security equipment is up-to-date and working, making sure all staff is trained in security and in how to handle potentially dangerous situations, performing regular inspections on lighting, stairs, windows, and doors, maintaining landscaping properly, and investigating all threats of criminal activity. Negligent security is part of the broader coverage of premises liability. Whether you are covered or not depends on your individual policy.