Kentucky Negligent Security Claims: What Helps and Hurts Your Case

People can suffer serious injuries when crimes occur at stores, restaurants, hotels, parking lots, apartment complexes, and other properties across Kentucky. In some cases, these crimes may have been preventable if the property owner or business had taken reasonable steps to protect customers, guests, or visitors.

When inadequate security contributes to an assault, robbery, shooting, or other criminal act, the injured person may have a negligent security claim. Depending on the circumstances, victims may be entitled to compensation for medical expenses, lost income, pain and suffering, and other losses.

If you were injured because of criminal activity on a business or commercial property in Kentucky, you may have legal options. Understanding whether the property owner knew—or reasonably should have known—about potential dangers and failed to take appropriate security measures can be an important part of determining whether you have a claim.

Satterley & Kelley, PLLC attorneys help people across Kentucky who are injured because a business failed to provide proper security. If this happened to you, call us today at 855-385-9532 for a free review of your case so we can discuss what happened, how Kentucky law might be applied, and your options for obtaining compensation. 

How Much Security Must a Kentucky Business Provide?

 Under Kentucky law, businesses that invite customers and other visitors onto their property have a duty to take reasonable steps to keep the premises safe. In a 2023 decision, the Kentucky Supreme Court explained that a business may have a duty to protect patrons from criminal acts committed by third parties when the business:

• Knows of conduct or activity by patrons or other individuals that would cause a reasonably prudent person to anticipate that a patron could be injured; and
• Can reasonably take steps to protect patrons against that danger.

 Whether a business had such a duty depends on the circumstances. Factors such as prior criminal activity, known threats or dangerous conduct, and the security measures reasonably available to the business may be relevant when determining whether an injury could have been anticipated and prevented.

If a crime is foreseeable, the company must take reasonable steps to try to prevent it. Depending on the situation, that may include the following:

• Well-lit parking lots, entrances, stairwells, and restrooms make it harder for criminals to hide and surprise victims
• Eliminating areas where criminals can hide, like overgrown landscaping, poorly placed dumpsters, or blind corners
• Functioning (as opposed to broken) security cameras in key areas, with footage that’s stored and reviewed when incidents occur, serve as a deterrent and may lead to the arrest of a suspect
• If the area has a higher crime risk, security guards or roving security patrols may be reasonable, weighing increased cost vs. a higher crime risk
• Staff training so employees recognize and report suspicious behavior, having clear procedures for calling police, and criminal incidents are reported
• Signs that warn trespassers that they risk arrest and notices that surveillance is in use may encourage criminals to go elsewhere

What may be reasonable for one business may not be for another, given the degree of risk of crime and cost. 

What Must I Prove to Have a Successful Case?

To win a Kentucky negligent security case, you must show:

• Because of the relationship between you and the business, they owed you a duty to keep you reasonably safe
• They failed to meet that duty
• That failure was the factual and legal (or proximate) cause of your injury
• A reasonable business owner would have foreseen the crime and the harm you suffered (foreseeability)
• You suffered losses (known as damages) because of your injury, which the business must compensate you for

You have the burden to prove all these elements by a preponderance of the evidence (it’s more likely than not that your allegations are true). 

What Might I Be Compensated for in a Successful Case?

If your case is successful, you may receive money for:

• Past medical bills
• Medical costs you are reasonably expected to have in the future
• Wages and benefits you lost because you could not work
• Future wages and benefits you are reasonably expected to lose because you’ll be unable to work, or your capacity to work in the future will be reduced 
• Physical pain and suffering.
• Emotional and psychological harm, such as fear, anxiety, depression, or post-traumatic stress
• Costs of counseling or therapy

Kentucky law uses comparative fault that allows a judge or jury to reduce your financial recovery because you were at fault to some degree for the injury.    

 Many factors can influence whether an insurance company is willing to settle a negligent security claim and what it may consider a fair settlement. The strength of the evidence, the circumstances surrounding the crime, and the nature and extent of the victim’s losses can all affect how a claim is evaluated.

There is no single factor that determines whether a case will settle or what it may be worth. Every negligent security claim has its own facts, strengths, and challenges, and should be evaluated on its individual circumstances.

Take Action Now

If you or someone you love was hurt in a crime at a Kentucky business, do not wait. Evidence can disappear quickly, and Kentucky law gives you a limited time to file a claim.

Satterley & Kelley, PLLC attorneys can fight for the compensation you deserve after negligence by a business leaves you victimized by a crime. Complete our online contact form, or call us toll-free at 855-385-9532, or locally at 502-589-5600, to schedule a free consultation.