Negligent security assault premises attorney

When someone is assaulted on commercial property, the criminal who attacked them is rarely worth suing. The question that matters is whether the property owner knew the location was dangerous and failed to take reasonable steps — because foreseeability, not the assault itself, is what creates the claim. Law Offices Of SRIS, P.C. handles premises claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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How foreseeability is established

Principally through crime history at and around the location: police call records for the address, incident reports the property itself generated, and the pattern of similar offences in the immediate vicinity. Beyond that, the property’s own security assessments, any recommendations it received and whether they were implemented, guard contracts and post orders, staffing rosters for the night in question, camera coverage and whether the cameras were operational, and the condition of lighting, gates and locks.

Foreseeability is the whole case

A property owner is not an insurer against crime. Liability generally requires that the criminal act was reasonably foreseeable and that reasonable measures were not taken. Foreseeability is usually established by prior similar incidents at or near the location, and the closer in kind, time and place those incidents are, the stronger the case. Where a property has a documented history of violent crime and no meaningful security response, the claim is at its strongest.

The injuries and the person

These claims involve physical injury and, almost always, significant psychological injury — post-traumatic symptoms, anxiety, sleep disturbance, avoidance. The psychological component is not secondary here; for many survivors it is the dominant lasting effect. It should be assessed formally by a qualified clinician rather than described in general terms, both because it is better evidence and because the treatment is worth having.

How these claims are contested

That the assault was unforeseeable and the owner is not responsible for third-party crime. That security measures were adequate. That the criminal act was a superseding cause. And, in Virginia, Maryland and the District, that the injured person’s own conduct contributed — being somewhere at a particular hour, or having a prior connection to the assailant — which under contributory negligence principles can defeat the claim entirely.

Acting immediately

Send preservation demands for video, guard logs, staffing records and incident reports within days. Obtain police call history for the address and the surrounding area through public records requests, which takes time and should be started early. Document the physical conditions — lighting levels, camera positions, gate and lock condition — before they are changed after the incident, which frequently happens quickly. And obtain formal psychological assessment.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

Can a property owner be responsible for a crime someone else committed?

In some circumstances, yes. The claim is not that the owner committed the assault but that they knew or should have known the location was dangerous and failed to take reasonable security measures. Foreseeability is the foundation, and it is usually established through prior crime at or near the property.

How is foreseeability proven?

Chiefly through the crime history at the address and its immediate vicinity — police call records, the property’s own incident reports, and the pattern of similar offences. The closer those prior incidents are in kind, time and place, the stronger the argument that this assault was foreseeable.

What counts as reasonable security?

It depends on the risk the location actually faced. Functioning lighting, working cameras, controlled access, adequate staffing and maintained gates and locks are the usual considerations. A property with a documented history of violent crime is expected to do more than one with none.

The cameras were not working. Does that help?

It can be significant, both because it may itself be a failure to take reasonable measures and because the absence of footage may be viewed differently where the owner allowed a system to fall into disrepair. It should be documented promptly, before repairs are made after the incident.

Is my psychological injury part of the claim?

Yes, and in these cases it is frequently the dominant lasting effect. Post-traumatic symptoms, anxiety, sleep disturbance and avoidance are recognized consequences. Formal assessment by a qualified clinician documents it properly and identifies treatment that is genuinely worth having.

Does it matter that the assailant was never caught?

Generally not to this claim. The case is against the property owner and rests on foreseeability and the adequacy of security measures, not on identifying or recovering from the assailant. An unsolved assault can still support a negligent security claim.

What if I knew the person who attacked me?

It complicates the analysis and it will be raised, particularly in contributory negligence jurisdictions. It does not automatically defeat a claim — the question remains whether the property should have prevented an assault occurring there. It should be assessed on the specific facts rather than assumed fatal.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, with much shorter notice requirements where public property is involved. Video and staffing records need preserving within days, and police records requests take time.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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