Negligent security may be the basis of a premises liability claim in NC. A property owner may be liable for failing to take reasonable steps to prevent intentional harm on their property. An experienced Wilmington premises liability lawyer may represent the injured person to claim compensation.
Understanding Negligent Security Claims in NC
The Charlotte-Mecklenburg Police Department received 1,026 reports of aggravated assault in the first quarter of 2025.
Many of these assaults occurred in public places like apartment complexes, parking lots, concert venues, and public gathering places. Harm may include:
- Assault and battery
- Aggravated assault, assault with a weapon
- Sexual assault
- Robbery
- Firearm, gun violence
- Homicide
While the person who commits the assault is directly liable for their actions, the property owner may also have liability.
They may not have done enough to prevent the incident.
A claim against the property owner for failing to prevent assaults on their property is called negligent security. Negligent security can play an important role in premises liability claims in Wilmington by holding property owners responsible for activity on their property.
Negligent Security Law
The basis of a premises liability claim based on negligent security is that the defendant failed to take reasonable steps to keep people safe from harm. The questions are whether the defendant negligently allowed danger to exist, took reasonable steps to warn people, or failed to remedy dangers they were aware of.
Type of Claim
A negligent security claim is a type of civil claim where the victim asserts the claim against the party responsible. It is not necessary for the assailant to be caught or face criminal charges to have a valid claim.
Elements
To succeed in a premises security claim, a plaintiff must prove the following elements.
Duty of care
The plaintiff must show that the defendant had a duty of care towards the plaintiff. Typically, this is the property owner. There may be questions about who was in control of the property at the time of the incident.
Case notes
Cassel v. Collins—A security company does not have a third-party duty to protect people from being assaulted on property. The element of duty of care was not established.
Hoisington v. ZT-Winston-Salen Assocs.—No duty for mall security to protect mall employees from assault. Although there was a contract for security services, the contract did not confer third-party beneficiary rights.
Breach of duty of care
To show the breach of the duty of care, the plaintiff must show that the property owner was unreasonable in allowing the danger to exist. For negligent security claims, this means not doing enough to prevent assaults and attacks. This is a fact-specific question, so it’s important to build evidence of what happened and what steps the property owner could have taken to prevent harm.
Case notes
Manzoeillo v. Pultegroup, Inc., et al.—Addressing how negligence per se may be used to assert a premises liability claim. The claim involved a fall on a walking trail. The plaintiff claimed that dirt on the walkway concealed slippery conditions.
Wood v. Guilford County—Rejecting the use of the public duty doctrine for a claim involving an assault at a courthouse. Courthouse security was not general police protection, so the case did not fall under the public duty doctrine.
Causation
Defendant’s negligence must be the cause of harm. The defendant may have failed to do many things, but there is no case if these failures aren’t the cause of the injury.
Damages
Damages are the basis of compensation. Once liability is proven, allowable damages may be claimed. Typically, this includes economic losses like medical bills and destruction of property. It may also mean pain and suffering, mental anguish, and other non-economic losses.
Types of Cases
- Failing to control access points
- Entrances and exits that are unlocked
- Poorly lit parking lots
- Walking around corners without a way to see who may be waiting behind
- Failing to place security personnel when there has been a previous crime
- Broken locks
- Allowing terminated employees to access the property
- Inadequate training for employees to respond to security incidents
- Operating at especially dangerous times
- Not having alarms or call boxes to ask for help when an attack occurs
- Lack of employee supervision
- Gates and fences in disrepair
How It Works
A premises security claim may look something like this.
Example #1:
A grocery store is open until 11 p.m. There have been numerous instances of robbery and assault in the parking lot after 9 p.m. Grocery store owners are aware of these instances because of police response. However, they have failed to add lighting to the parking lot, place security guards in the area, or adjust operating hours.
One night, a person arrives at the grocery store. They park in the lot. A person is waiting. The person approaches and grabs the shopper’s purse. They push the shopper to the ground, causing a concussion and a broken arm. The robber is not apprehended.
In this circumstance, the grocery store may be liable for inadequate security. They were aware of the risks of assault, which were frequent at their store. There were reasonable measures they could have taken to prevent harm.
Example #2:
The lock on a hotel door doesn’t work. Previous guests have reported the broken lock, but the hotel hasn’t fixed it for two weeks. A guest is unaware that their door is not secure. Hotel staff don’t warn the guests. In the night, someone breaks in and assaults the guest.
The hotel may be liable for inadequate security because they were aware of the broken lock, assigned the guest to stay in the room, and didn’t warn them.
Legal Help
A lawyer can represent an injured person in a negligent security claim in Wilmington. The claim seeks monetary compensation, with negligent security as the basis of premises liability.
Horton & Mendez Injury Attorneys is taking new claims now.
Talk to an Experienced Wilmington Premises Liability Lawyer
To talk to a lawyer and start your case today, call 910-405-7751 or message Horton & Mendez Injury Attorneys.
