When you are injured on someone else’s property, the legal path you take depends entirely on how the injury happened. If you tripped on a loose carpet, you are dealing with a standard premises liability case. However, if you were the victim of an assault, robbery, or other criminal act in a poorly lit parking lot or a building with broken locks, your case falls under “negligent security.” While both are governed by the Colorado Premises Liability Act, negligent security claims involve an extra layer of complexity: the “foreseeability of crime.”
At Lampert & Walsh, LLC, we represent victims of violent acts who were let down by the very people responsible for their safety. For assault victims, the physical injuries are often coupled with deep psychological trauma, making “crime-based injury claims” a unique challenge.
The Core Difference: Physical Hazards vs. Criminal Acts
While both legal theories require proving that a property owner failed in their duty of care, the “trigger” for the lawsuit is different.
- Premises Liability: Focuses on a physical hazard created or ignored by the owner. The danger is the property itself (e.g., a wet floor, a crumbling stairwell, or a falling light fixture).
- Negligent Security: Focuses on the behavior of a third party (a criminal) that was made possible by the owner’s failure to provide adequate protection. The danger is a person, but the owner is liable for failing to deter them.
Common Security Failures in Denver
| Failure Type | Description | Potential Result |
|---|---|---|
| Inadequate Lighting | Dimly lit parking garages or stairwells. | Increased risk of muggings or sexual assault. |
| Broken Locks/Gates | Malfunctioning apartment buzzer systems or gates. | Unauthorized entry leading to home invasions. |
| Lack of Personnel | No security guards in high-crime area businesses. | Failure to intervene in escalating violence. |
| Faulty Surveillance | Cameras that are broken or not being monitored. | Loss of deterrence and lack of criminal evidence. |
The Linchpin: Foreseeability of Crime
In a standard slip and fall, you must prove the owner knew about a spill. In a negligent security case, you must prove the owner could reasonably foresee that a crime might occur. In Colorado, “foreseeability” is determined by looking at:
- Prior Incidents: Have there been similar crimes on the property or in the immediate neighborhood in the last year?
- Location: Is the property located in a “high-crime” area of Denver?
- Nature of the Business: Certain businesses (like 24-hour convenience stores or bars) are inherently higher risk and require more robust security.
In cases involving foreseeable crime, records of past incidents can show that a landlord knew about the danger and failed to act.
Landlord Duty: Protecting Tenants and Guests
The law requires landlords to take their greatest care to protect tenants and customers.
- Conduct regular security audits.
- Repair broken security features (like locks and lights) immediately.
- Warn tenants if there has been a recent string of crimes on the premises.
Explore our practice areas to see how we specifically handle cases against negligent landlords and property management companies who prioritize profits over tenant safety.
Statute of Limitations and Civil vs. Criminal Cases
It is a common misconception that you must wait for the criminal to be caught and convicted before filing a civil suit. In reality:
- The Civil Case is Separate: You are suing the property owner for their negligence, not the criminal for the act. You can win a civil case even if the criminal is never found.
- Two-Year Window: In Colorado, you generally have two years from the date of the assault to file a negligent security claim.
Seek Justice with Lampert & Walsh, LLC
Being the victim of a crime is a traumatic experience that can leave you feeling vulnerable and unheard. When that crime happened because a property owner was too cheap or too lazy to fix a lock or hire a guard, they must be held accountable. Assault on property claims are about more than just money; they are about forcing property owners to make Denver a safer place for everyone.
At Lampert & Walsh, LLC, we provide the “procedural clarity” and “data-backed authority” needed to win these complex cases. We investigate the history of the property, hire security experts to testify on your behalf, and fight to ensure you receive the maximum recovery allowed by law. Don’t suffer in silence while a negligent owner moves on. Contact us today for a free, confidential consultation. Let us handle the legal battle so you can focus on your healing.
Frequently Asked Questions (FAQs)
What is negligent security in Colorado?
It is a type of premises liability claim where a victim is harmed by a criminal act (like an assault) that could have been prevented if the property owner had provided reasonable security measures like locks, lights, or guards.
How do I prove a crime was "foreseeable"?
We establish foreseeability by pulling police reports of prior crimes at the location, showing a history of tenant complaints about safety, or demonstrating that the property is in a high-crime area where standard security was missing
Can I sue my apartment complex if I was mugged in the hallway?
Yes, if the mugging was made possible by a security failure, such as a broken front door lock or a lack of lighting that management knew about but failed to fix within a reasonable timeframe.
What damages can an assault victim recover?
Assault victims can seek economic damages (medical bills, lost wages, therapy costs) and non-economic damages (pain and suffering, PTSD, and emotional distress). In 2026, the cap for non-economic damages in these cases is $1.5 million.
Is the property owner liable even if they didn't commit the crime?
Yes. The law does not blame the owner for the criminal’s intent, but it does hold them liable for providing the “opportunity” for the crime through their own negligence in maintaining the property’s security.
