What Is Negligent Security in Louisiana?
Negligent security in Louisiana is a personal injury claim against a property owner whose poor security helped a crime happen. If you were attacked, robbed, or shot on someone else’s property, the owner may share the blame. That’s true when the owner knew or should have known about the danger and didn’t take reasonable steps to prevent it.
The person who hurt you is still at fault. But the owner can be at fault too. Under Civil Code article 2315, anyone whose fault causes damage to another person has to repair it. A property owner who ignores a known danger is no exception.
Negligent security is a type of premises liability. That’s the same area of law that covers slip and fall cases. The difference is what caused the harm. In a slip and fall, it’s a wet floor or a broken step. In a negligent security case, it’s a criminal who took advantage of conditions the owner should have fixed.
Those conditions usually look ordinary until something goes wrong:
- Broken gate locks or doors that don’t latch
- Burned-out lights in parking lots, stairwells, or walkways
- Overgrown shrubs that give someone a place to hide
- Security cameras that don’t work or aren’t monitored
- No guards at a property where violence keeps happening
- Tenant or customer complaints that went nowhere
When Does a Louisiana Property Owner Owe You Security?
A Louisiana property owner owes you security that matches how foreseeable the crime was. The more predictable and serious the danger, the more the owner has to do about it.
The Louisiana Supreme Court set this rule in Posecai v. Wal-Mart Stores in 1999. The case started close to home. A gunman robbed a shopper in the parking lot of Sam’s Wholesale Club in Kenner. She sued, and the Fifth Circuit Court of Appeal, which covers Jefferson Parish, ruled in her favor. The store took the case to the state’s highest court.
The court created a balancing test. On one side, it weighs how foreseeable the crime was and how serious the harm could be. On the other, it weighs the burden of the security measure. In the court’s words, as quoted by the Fifth Circuit, “a very high degree of foreseeability is required to give rise to a duty to post security guards.” A lower degree can still require simpler steps, like cameras, better lighting, fencing, or trimming shrubs.
The Supreme Court reversed, and Ms. Posecai lost. The court found that the few prior crimes on that property weren’t enough to make her robbery foreseeable. With slip and fall cases, I tell people up front that they’re very difficult and not a slam dunk. The plaintiff’s burden is far greater than most people expect. Posecai shows that a crime on the property doesn’t change that. Evidence wins these claims, not how terrible the crime was.
What Makes a Crime “Foreseeable” to a Property Owner?
Courts mostly look at whether similar crimes happened on the property before. A string of car break-ins in a garage tells an owner something different than a single shoplifting call. Location, timing, and the type of crime all matter.
What the owner knew matters too. In a later Louisiana case, a court found Wal-Mart owed reasonable security to nighttime shoppers at one store. That store had started staying open 24 hours a few months earlier. Part of the evidence was the company’s own internal memo about the higher risk of crime after dark. When an owner’s own records show it saw the danger coming, it’s much harder to call the crime a surprise.
Where Do Negligent Security Cases Happen?
Negligent security cases can happen anywhere a property owner invites the public, tenants, or guests. In the Greater New Orleans area, common settings include:
- Apartment complexes, where tenants rely on the landlord for gates, locks, and lighting
- Hotels and motels, where guests expect working door locks and controlled access
- Parking lots and garages, especially at night
- Bars, clubs, and event venues, where crowds and alcohol can lead to fights
- Stores, gas stations, and shopping centers that stay open late
The setting shapes what security was reasonable. A 24-hour gas station on a busy corner faces different risks than a quiet office building. A bar with a history of fights may need door staff that a small restaurant never would. An apartment complex that promises a gated community in its ads may have to deliver the security it advertised.
The type of visitor matters as well. The owner invites tenants, hotel guests, and shoppers onto the property and benefits from having them there. That relationship is part of why the law expects the owner to think about their safety.
If you were hurt on someone else’s property, the basic rules of premises liability in New Orleans apply to your case. A negligent security claim simply adds a third person to the story: the one who committed the crime.
How Does Louisiana Split Fault When a Criminal Caused Your Injury?
Louisiana assigns a percentage of fault to everyone who contributed to your injury, including the criminal. Under Civil Code article 2323, that happens whether or not the person is part of the lawsuit. It happens even if no one ever identifies the attacker.
That matters because of Civil Code article 2324. A defendant like a property owner generally pays only its own share of the fault. It doesn’t pay the attacker’s share.
Here is a simple example, for illustration only. Say a jury decides an attacker was 60% at fault and an apartment complex was 40% at fault. The complex would generally owe 40% of your damages. The attacker’s 60% stays with the attacker, who often can’t pay.
Your own actions can come into play too. Since January 1, 2026, Louisiana uses a modified comparative fault rule. If you’re 51% or more at fault, you can’t recover. Below that, your share comes off your recovery. But article 2323 also has a special rule for intentional wrongdoing. When your injury came partly from your own negligence and partly from someone who acted on purpose, the law does not reduce your claim. How these rules fit together depends on the facts of your case.
Insurance companies will still look for any angle to shift blame onto you. That’s one more reason to know how adjusters try to reduce your claim.
What Is a Negligent Security Claim Worth?
A negligent security claim is worth what your injuries, treatment, and losses show, adjusted for the owner’s share of fault. Nobody can give you a reliable number on day one.
I tell my clients, “The value of your claim is going to mirror your treatment.” If you see a doctor once, the case is usually worth about one doctor visit. If your injuries need surgery, therapy, or months of care, your records will show that. Follow your treatment plan and keep every record.
Damages in these cases can include medical bills, lost wages, and pain and suffering. When a crime is involved, the emotional harm can be as real as the physical injury. Tell your doctor about trouble sleeping, fear, or anxiety after the attack, so it’s part of your records too. Lost wages need proof as well, like pay stubs or a letter from your employer.
If your bills are piling up while you wait, our guide on who pays your medical bills during a Louisiana injury claim walks through your options. For a broader look at what cases are worth, see personal injury settlement amounts in Louisiana.
How Long Do You Have to File a Negligent Security Claim?
For injuries on or after July 1, 2024, you generally have two years from the day you were hurt to file. That deadline comes from Civil Code article 3493.1. Miss it and the claim is usually gone, no matter how strong it was. Our article on how long you have to file an injury claim in Louisiana covers the details and exceptions.
Two years sounds like plenty of time. It isn’t, once you see how a lawsuit actually moves. “How long will this take?” is the question I hear in every type of case. Any lawyer who gives you a firm answer would be lying or guessing.
Just serving the other side can take 30 to 45 days, or 60 if they’re hard to find. They get 30 days to answer, and often a 30-day extension on top of that. That’s 90 to 120 days just to get a suit off the ground.
The life of a case doesn’t mirror the life of you. Your recovery has its own timeline, and the case has another. Starting early protects both. Our step-by-step guide to filing a civil lawsuit in Louisiana lays out the full process.
What Should You Do After Being Hurt by a Crime on Someone’s Property?
Your first priority is your safety and your health. After that, a few steps can protect a negligent security claim:
- Report the crime to the police and ask for the report number.
- Get medical care right away, even if you feel okay, and follow through on treatment.
- Photograph the scene: broken locks, dark lights, damaged gates, missing cameras.
- Write down names of witnesses, staff, and anyone who spoke to you.
- Note what you know about earlier crimes there, like break-ins or past complaints.
- Ask in writing that the property keep its security video from the day of the crime.
- Don’t give a recorded statement to the owner’s insurance company before talking to a lawyer.
Keep a simple folder for everything: the police report number, medical bills, photos, and any letters from the property or its insurer. Small details fade fast after a frightening event, so write down what you remember while it’s fresh.
Be completely upfront with your attorney, including the parts that don’t help you. I once met with a prospective client who told me the case was basically done. When I spoke with the other side, their first words were, “I can’t believe you got involved in this.” Sugarcoating a case doesn’t make it stronger. It just means your lawyer finds the problems later, when they’re harder to fix.
Talk to Arnona Rose About a Negligent Security Case
If you were hurt by a crime at an apartment, hotel, parking lot, or business in the Greater New Orleans area, the property owner may share responsibility. These cases turn on evidence of prior crimes and what the owner knew. That evidence is easier to find early.
Arnona Rose handles personal injury cases on a contingency fee, which means you pay nothing unless we recover for you. We’re a small firm, and you’ll talk to an attorney, not a case number. Contact us for a free consultation and we’ll talk through what happened.
Frequently Asked Questions About Negligent Security in Louisiana
Can I sue my landlord if I was attacked at my apartment complex?
Yes, you may be able to, if the landlord’s security failures helped the attack happen. The key questions are whether similar crimes had happened there before and whether the landlord ignored a known problem, like a broken gate or a dark stairwell. Your lease may also matter, since it can show what security the complex promised. Keep copies of any maintenance requests, emails, or texts you sent about the problem. Written complaints from tenants can be some of the strongest evidence in these cases.
Does the attacker have to be caught or convicted for me to file a claim?
No. A negligent security claim is a civil case against the property owner, separate from any criminal case against the attacker. You don’t need an arrest, a guilty plea, or a conviction to bring it. The criminal case and the civil case also use different standards of proof, so one doesn’t decide the other. A police report still helps, because it documents the crime, the date, and the location. If there is a criminal case, records from it can sometimes become evidence in yours.
What if the property had a security guard on duty?
Having a guard doesn’t automatically protect the owner. The question becomes whether the security was reasonable for the risk. A guard who was asleep, posted at the wrong entrance, or covering too large an area may not count for much. Owners sometimes hire outside security companies, and that company’s conduct may also be part of the claim. Ask for the guard’s name and employer if you can. Note where the guard was when the crime happened.
Can my family file a claim if a loved one was killed?
Yes. When a crime on poorly secured property causes a death, certain family members can bring a wrongful death claim against the property owner. Louisiana law sets out who can file, starting with a spouse and children. Wrongful death has its own filing deadline rule, so don’t assume it works the same way as an injury claim. Our guide to wrongful death claims in Louisiana explains who qualifies and what families can recover.
How do lawyers prove there were earlier crimes on a property?
Lawyers usually prove prior crimes through records, not memory. Common sources include police calls for service to the address, incident reports kept by the property, earlier lawsuits against the owner, and complaints from tenants or customers. Internal emails and security assessments can also show what the owner knew. Properties keep some of these records only for a limited time, and many security systems record over old video. That’s why it helps to talk to a lawyer early, before evidence disappears.
We reviewed the Louisiana law in this article against the Louisiana Civil Code in October 2026. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
About the Author
Toni R. Arnona, Esq. is a partner at Arnona Rose, LLC, a personal injury and family law firm in the Greater New Orleans area. A New Orleans native, she earned a Bachelor of Arts in French and Linguistics from Newcomb College at Tulane University and her Juris Doctor from Loyola University New Orleans College of Law in 2009. She was admitted to the Louisiana Bar that same year, after interning with Judge Robin M. Giarrusso and later clerking for Judge Lloyd J. Medley, Jr. in the Civil District Court for the Parish of Orleans. Toni joined Arnona Rose in 2014, where she focuses her practice on personal injury and family law. She is a member of the American Bar Association, the Louisiana Bar Association, the Jefferson Parish Bar Association, and the Federal Bar Association.