Security Lapses Fuel Surge in Liability Claims

Introduction
With violent incidents on the rise in commercial spaces, courts are seeing a growing wave of lawsuits centered on negligent security. From apartment complexes to shopping centers and bars, property owners are being held liable for failing to prevent foreseeable harm. In these cases, expert witnesses in security protocols, risk management, and property law are playing pivotal roles in courtroom decisions.

“A camera that doesn’t work is a lawsuit waiting to happen.”

Negligent Security on the Rise
In 2025, several high-profile incidents involving shootings, assaults, and robberies in or near commercial properties have put a spotlight on premises liability. In many of these cases, courts found that property owners failed to implement or maintain basic security measures—resulting in significant verdicts.

One such case involved an apartment complex in Florida where a tenant was attacked in the parking lot. The plaintiff’s legal team proved that the security gates had been broken for over six months, and no surveillance cameras were functional. The jury awarded $2.3 million in damages.

How Expert Witnesses Shape These Cases
Security experts in premises liability cases typically assess:

• Whether crime was foreseeable based on prior incidents
• Whether industry-standard security protocols were in place
• Whether the property had adequate surveillance, lighting, fencing, and personnel
• If the staff followed internal safety policies

These assessments are often presented through detailed reports and live testimony. Experts help jurors understand what “reasonable” security should look like under similar conditions.

Recent Legal Trends in Premises Liability
Judges across multiple states are becoming more receptive to expert-led arguments regarding foreseeability. It’s no longer enough for a property owner to say, “We didn’t expect this.” Courts now expect:

• A record of risk assessments
• Incident logs showing past problems
• Maintenance schedules and repair logs
• Security audits by third-party firms

A lack of documentation, or “willful ignorance,” often sways decisions in favor of plaintiffs.

Case Study: Mall Attack Led to $5M Settlement
In New Jersey, a teenager was seriously injured in a stabbing at a suburban mall. Security footage revealed that guards were not patrolling the area where the attack occurred, despite multiple similar incidents in prior months.

An expert witness with a background in commercial security testified that the mall’s staffing and patrol rotation fell far below industry norms. His analysis was clear, data-backed, and devastating to the defense. Facing mounting pressure, the mall’s insurance provider settled for $5 million.

What Makes or Breaks an Expert’s Testimony
Courts look for credibility, consistency, and methodology. The best expert witnesses:

• Have prior experience with litigation
• Follow ANSI or CPTED standards (Crime Prevention Through Environmental Design)
• Provide quantifiable comparisons between the incident property and accepted security benchmarks
• Are prepared to defend their findings under cross-examination

In negligent security cases, experts are often the linchpin for proving causation and foreseeability.

The Burden on Property Owners Is Rising
With more juries siding with victims, commercial landlords, retail outlets, and nightlife venues are under pressure to:

• Conduct annual third-party security audits
• Repair gates, locks, lights, and cameras immediately upon failure
• Train staff in incident response and documentation
• Update emergency protocols and evacuation plans

Insurance carriers are also tightening their policies. Some now require proof of ongoing security maintenance to validate coverage, especially for properties open late or with prior criminal incidents.

Expert Witnesses Are Now Litigation Gatekeepers
As more of these cases hinge on technical evaluations of what security should have been, the expert witness is evolving from a support role to a critical voice in shaping legal outcomes. Their reports are often cited directly in judgments and are being used earlier in case development to guide settlement strategy.

Expert Credentials That Hold Up in Court
The most in-demand security expert witnesses in 2025 tend to have:

• Law enforcement or military backgrounds with a focus on property protection
• Certified Protection Professional (CPP) credentials
• Experience consulting on commercial or multi-family security systems
• Familiarity with state and municipal building/security codes

Law firms now vet their security experts for both field experience and courtroom composure.

Conclusion: Secure Your Property—or Face the Courtroom
The era of “optional” security has ended. Whether it’s a shopping plaza, apartment building, or nightclub, failing to take basic precautions can result in massive liability.

Expert witnesses are leading the charge in defining what is legally expected of property owners. Their testimony transforms theories into legal standards—and helps courts understand when a tragedy could have been prevented.

For businesses and property managers, this is more than a legal trend—it’s a call to act. In 2025, secure spaces aren’t just good business. They’re the law.