No one expects to be assaulted, robbed, or attacked when visiting an apartment complex, shopping center, hotel, or parking garage. But when landlords and businesses fail to provide adequate safety measures, victims of crime often find themselves dealing not only with physical injuries but also deep emotional trauma. Under Idaho law, property owners may be held liable for these preventable harms through what is called a negligent security claim.
At Shep Law Group, we represent individuals in Boise and across Idaho who have been harmed because of unsafe premises. We approach these cases with a trauma-aware perspective, validating the experiences of survivors while ensuring property owners are held accountable for their failures.
What Is Negligent Security?
Negligent security is a form of premises liability. Property owners have a legal duty to keep their premises reasonably safe for tenants, customers, and guests. When they fail to provide adequate protection against foreseeable crimes, they may be held responsible if someone is injured as a result.
Examples of negligent security include:
- Failure to provide proper lighting in hallways, stairwells, or parking lots
- Lack of working locks, gates, or security systems
- Inadequate security staff or patrols in high-risk areas
- Ignoring past incidents of crime on the property
- Failure to warn tenants or guests about known dangers
When these lapses occur and someone is assaulted, robbed, or otherwise harmed, victims may pursue damages against the property owner or manager.
Legal Standard for Negligent Security in Idaho
To succeed in a negligent security claim, the victim (plaintiff) must prove several key elements:
- Duty of Care – The property owner had a responsibility to provide reasonably safe conditions for lawful visitors.
- Breach of Duty – The owner failed to take reasonable security measures, such as repairing broken locks or adding lighting in known danger areas.
- Foreseeability – The crime that occurred was reasonably foreseeable, especially if prior similar incidents had happened on or near the property.
- Causation – The lack of security measures directly contributed to the assault, robbery, or attack.
- Damages – The victim suffered physical, emotional, or financial harm as a result.
Idaho courts often consider whether the crime could have been anticipated and whether the owner took steps that a reasonable property owner would have taken to prevent harm.
Who Can Be Held Liable?
Several types of property owners and businesses may be responsible for negligent security, including:
- Apartment landlords who fail to secure entryways or address repeated break-ins
- Shopping centers or stores that ignore known crime in parking lots
- Hotels or motels that lack security staff or key card systems
- Bars and nightclubs that fail to address fights or assaults on their premises
- Parking garage operators who leave facilities unlit and unmonitored
Victims may also pursue claims against management companies or security contractors who share responsibility for unsafe conditions.
Types of Damages Available
Survivors of negligent security incidents may be entitled to compensation for:
- Medical bills for the treatment of injuries
- Lost wages and reduced earning capacity
- Counseling and therapy for emotional trauma
- Pain and suffering
- Loss of enjoyment of life
- In some cases, punitive damages if the property owner acted recklessly
Because many of these cases involve violent crimes such as sexual assault, robbery, or aggravated assault, damages can extend beyond physical injuries to long-term psychological impacts. Survivors may also have overlapping claims for assault and battery injuries.
Statute of Limitations in Idaho
Under Idaho Code § 5-219, the statute of limitations for premises liability, including negligent security claims, is generally two years from the date of the incident. Acting quickly is crucial because evidence — such as surveillance footage, maintenance logs, or prior crime reports — can be lost over time.
Frequently Asked Questions About Negligent Security
Can I sue a landlord if I was attacked in my apartment complex?
Yes, if the landlord failed to provide reasonable security measures such as working locks, secure gates, or adequate lighting, and that failure contributed to the attack.
What if the crime happened in a business parking lot?
You may have a claim against the business or property owner if they knew of prior criminal activity in the area but failed to take steps to protect visitors.
Do I have a case if the attacker was arrested?
Yes. A criminal case punishes the offender, but a negligent security claim focuses on the property owner’s failure to prevent the attack. You may pursue both.
How do I prove negligent security?
Evidence may include police reports, prior crime statistics, security footage, witness statements, maintenance records, and expert testimony about industry standards for property safety.
Standing With Survivors in Idaho
At Shep Law Group, we recognize the courage it takes to come forward after a violent incident. Survivors often feel overwhelmed, unsafe, or even blamed for what happened. Our role is to provide validation, legal protection, and a path toward accountability.
If you or a loved one has suffered harm because a landlord, business, or property owner failed to provide adequate safety, you have rights under Idaho law. Speak with our Boise negligent security lawyers for trauma-aware representation, or contact us today to begin your case.
