Sexual Assault & Negligent Security

Negligent security is a legal claim that a property owner or manager failed to take reasonable steps to protect people on its property from foreseeable crime. After a sexual assault, it asks a different question than the criminal case: not who committed the assault, but whether the business in control of the property should have done more. A crime on a property does not by itself make the owner liable. Responsibility depends on the owner's duty, what it knew, what it controlled and whether better security would likely have made a difference. A negligent security lawyer can review those questions and help preserve evidence that may not last.

What negligent security means

Property owners and businesses generally have a duty to keep their property reasonably safe for the people they invite there. In some situations, that includes taking reasonable steps against crime by others. Negligent security claims ask whether those steps were taken.

A property owner is not an insurer of everyone's safety. California's Supreme Court, for example, held that a high degree of foreseeability is needed before a business must hire security guards, and that a property owner should not be made the insurer of public safety1. Other states use their own tests. The question in every case is what was reasonable for that property, at that time, given what the owner knew.

Where these claims arise

Negligent security sexual assault claims can involve many kinds of property, including:

• Apartment buildings, complexes and student housing
• Hotels and motels
• Parking garages and surface lots
• Bars, nightclubs, concert halls and other entertainment venues
• Shopping centers, office buildings and other commercial properties
• Gyms, spas and other businesses open to the public

Assaults by strangers, by other residents or guests, and in some cases by employees of the property can raise these questions. When the person who caused harm worked for the property, claims may also involve hiring and supervision.

Duty, foreseeability, control and causation

Most negligent security claims turn on four questions. The answers depend on the state's law and the facts:

• Duty: Did the owner or business owe you a duty of care? That can depend on whether you were a tenant, guest, customer or visitor, and on the state's rules.
• Foreseeability: Was a crime like this reasonably foreseeable? Courts may look at prior incidents on or near the property, complaints, police calls and the nature of the business1.
• Control: Who controlled the area where it happened, such as the lobby, hallway, garage or room? A lease or contract may divide control among several businesses.
• Causation: Would reasonable security have likely prevented the assault or reduced the harm? A claim must connect the failure to what happened.

States also divide fault differently. In Arizona, for example, fault is generally apportioned among everyone responsible, including the person who committed the assault, and each defendant generally pays only its share2. Our negligent security page explains Arizona's approach in more detail.

Security problems that come up in these claims

The security questions in a sexual assault case often include:

• Broken, missing or easily bypassed door locks and gates
• Key cards or fobs that former tenants or employees could still use
• Poor or broken lighting in stairwells, hallways, garages or paths
• Cameras that were broken, not monitored or pointed away from problem areas
• Too few staff or guards for the size and risk of the property
• Ignoring tenant or guest complaints about a specific person or threat
• Hotel practices that let unregistered people get room keys or access

None of these is a universal legal requirement. Whether a property needed a particular measure depends on its risks, its history and the law where it is located. In Arizona, landlords have a statutory duty to keep residential premises fit and to comply with applicable codes3; other states have their own landlord laws.

Owners, operators, managers and security contractors

More than one business may share control of a property. Depending on the facts, a claim might involve:

• The property owner
• A management company that runs the building day to day
• A hotel operator or franchisee
• A business that leases space, such as a bar in a shopping center
• A private security company hired to patrol or staff the property

Contracts often decide who was responsible for what. A guard company may have been hired only for certain hours or posts. A tenant may control its own doors while a landlord controls the parking lot. A review looks at each business's actual role. For assaults at hotels involving trafficking, different federal rules may apply; see our page on human trafficking and hotel liability.

Evidence to preserve promptly

Much of the evidence in a negligent security case belongs to the property owner or its contractors, and some of it does not last. Many video systems record over old footage on a schedule. Our news article explains why early preservation matters. Federal court rules allow courts to respond when electronically stored information that should have been preserved is lost4.

Evidence that may matter

Property records

• Surveillance video and the system's retention settings
• Key card, gate and elevator access logs
• Incident reports and security logs from that day

History of the property

• Prior incidents, police calls and complaints
• Maintenance and work orders for locks, lights, gates and cameras
• Guard post orders, patrol schedules and staffing rosters

Your own records

• Any police report number
• Photos you took of the location, if safe
• Messages or receipts showing when you were there
• Names of witnesses or staff you spoke to

Do not wait on video

Ask a lawyer about a preservation letter as soon as you feel able. It is a written request that the property keep its records. Sending one does not commit you to a lawsuit, and you do not need to have decided anything else first.

You do not need to have every document, or any document, before asking for a review. A lawyer can request records on your behalf.

A civil claim and a criminal prosecution

A criminal prosecution is brought by the government against the person who committed the assault. A negligent security claim is a civil case brought by the survivor against the property owner or others in control. The two are separate:

• A civil claim does not require a criminal charge, an arrest or a conviction.
• A civil claim may be possible even if the person who committed the assault was never identified, because the focus is on the property's security.
• Many violent crimes are never reported to police; national survey data show reported victimizations are a fraction of all violent victimizations5. Not reporting does not by itself end a civil claim.

Some states also have victim compensation programs that may help pay certain costs, such as medical care and counseling, regardless of any lawsuit6.

Filing deadlines for a negligent security lawsuit

Deadlines vary by state, by the type of claim and by the defendant. Examples verified on November 6, 2026:

• Arizona: most personal injury claims must be filed within two years7. Claims against a public entity, such as a public university or housing authority, generally require a notice of claim within 180 days8.
• California: claims for sexual assault of an adult generally may be filed within 10 years of the last act or three years from discovering the injury, whichever is later9. Claims against a public entity usually must be presented within six months10.
• New York: claims based on certain sexual offenses may be brought within twenty years, including against a party whose negligence is alleged to have resulted in the offense11.
• Texas: claims based on sexual assault of an adult generally must be filed within five years12.

Whether a longer sexual assault deadline covers a negligence claim against a property owner depends on the wording of each state's law. California's adult sexual assault law, for example, states that it does not limit claims against people or entities other than the person who committed the crime9. Asking early protects your options.

Tell Us Your Story →

Privacy when you contact us

You choose what to share. The form asks for your name, email and phone so we can reach you. The description box is optional, and you do not need to describe what happened in detail to ask for a review.

After you submit the form, a copy of what you sent is emailed to the address you enter. If someone else can read that inbox or your phone's messages, consider leaving the description blank, using an email address only you can access, or calling us instead. You can use the description box to tell us the safest way and time to reach you.

We treat what you share with care. Even so, information you send through a website or email is not the same as a privileged attorney-client communication, and submitting the form does not create an attorney-client relationship or guarantee representation.

What happens after you contact CBW Law

How a review works

1. You reach out

   Use the form or call. Share only what you are comfortable sharing. A short note, or none at all, is enough to start.

2. We talk at your pace

   We ask a few questions about where and when it happened and who was involved. You can skip any question.

3. We look at the law that applies

   We check the deadlines, the possible defendants and any notice or bankruptcy rules that may apply where it happened.

4. We explain your options

   We tell you what we found and what we did not find. Deciding whether to take any step is up to you.

Survivors are never responsible for an assault. The question is whether the people in control of the property did what was reasonable.

Plain English

Medical, Health & Insurance

Words you may see in police, medical and court records.

Legal terms

Foreseeability

Whether a reasonable property owner would have anticipated a risk of a crime like the one that happened1.

Preservation letter

A written request that a business keep video, logs and other records that may be evidence.

Comparative fault

A system that divides responsibility for harm among the people and businesses involved.

Notice of claim

A written notice that must be given to a government body before suing it in many states8.

After an assault

Medical forensic exam

An exam after a sexual assault that can treat injuries and collect evidence, done under state and local rules.

Post-traumatic stress disorder (PTSD)

A condition in which fear, stress or memories of a traumatic event continue long afterward and get in the way of daily life13.

Victim compensation

A state program that may repay some crime-related costs, such as medical care, counseling and lost wages6.

Records and insurance

Right of access

Your federal right to see and get copies of most of your medical and billing records14.

Psychotherapy notes

A therapist's separately kept notes about session content, which are treated differently from the rest of a medical record15.

Explanation of benefits (EOB)

A health plan statement listing what was billed, what the plan paid and what you owe. It can help confirm dates of treatment.

Questions

Frequently asked negligent security lawsuit questions

Short answers to questions survivors often ask. Every situation depends on its facts and the state where it happened.

Can a landlord be responsible for a sexual assault?

Sometimes. A landlord may share responsibility if it failed to take reasonable steps against a foreseeable risk in areas it controlled, such as broken locks or ignored complaints, and that failure helped cause the assault. A negligent security lawyer can review the facts and the state's law.

What if the person who assaulted me was never identified?

A negligent security claim may still be possible, because it focuses on the property's security rather than on the identity of the person who committed the crime.

Does the property need a history of similar incidents?

Not always, but it often matters. Some courts require a high degree of foreseeability, often shown by prior similar incidents, before requiring measures like security guards1. Other evidence, such as complaints or known threats, can also matter.

What records should be preserved?

Surveillance video, access logs, incident reports, prior complaints, maintenance records and staffing schedules. Video is often overwritten, so ask a negligent security attorney about a preservation letter early.

Do I need a police report to bring a negligent security lawsuit?

No. A police report can help, but many assaults are never reported5, and a civil claim does not require one.

Can a hotel be responsible for an assault in a guest room?

Possibly, depending on the hotel's security practices, what it knew and who had access to the room. A crime in a hotel does not by itself make the hotel liable.

How long do I have to file a negligent security lawsuit?

It depends on the state and the defendant. Arizona generally allows two years for personal injury claims7, while claims against public entities can require notice within months. Ask early.

Will I have to describe the assault in detail?

Not to begin. A first conversation can focus on where it happened and the property's security. You can skip questions, and your lawyer can prepare you for anything later.

Does contacting CBW Law mean I am filing a lawsuit?

No. It starts a conversation. It does not create an attorney-client relationship or guarantee representation.

Tell Us Your Story

If you were sexually assaulted at an apartment, hotel, parking garage, venue or other property, you can ask whether the property should have done more.

Tell us where it happened and the safest way to reach you. We will explain what a review could involve and what evidence may need to be preserved.

Submitting information does not establish an attorney-client relationship or guarantee that CBW Law will represent you. Every claim depends on its own facts and the law that applies.

Tell Us Your Story →Call (800) 476-2416

This page is general information, not legal advice. Reading it or contacting CBW Law does not create an attorney-client relationship. Allegations described here are allegations unless a court or agency has made a finding. Laws and deadlines differ by state and change over time; state-specific statements were last verified on November 6, 2026. No outcome can be promised in any case. If you are in immediate danger, call 911.