The person who committed the crime is always responsible for a parking lot attack, but in Maryland the property owner, business, or management company may also be liable if it failed to take reasonable security measures against a crime it knew or should have known was likely.
These claims are called negligent security claims, and they turn on foreseeability, the security measures in place, and whether better security would have prevented the attack. A business isn’t liable for every crime on its property, but it can be held accountable when it ignored clear warning signs.
At Schlachman, Belsky, Weiner & Davey, P.A., we represent people in Baltimore and across Maryland who were assaulted, robbed, or otherwise harmed because a property owner failed to provide adequate security. We investigate what the owner knew, what it did, and what it should have done. Contact Schlachman, Belsky, Weiner & Davey, P.A. at (410) 685-2022 for a confidential consultation.
A Business Is Not Automatically Liable for Every Parking Lot Crime
Maryland doesn’t make property owners insurers of their customers’ safety. As a general rule, a business isn’t responsible for the criminal acts of a third party. Maryland courts recognize exceptions, however, when a special relationship exists, such as between a business and its customers or a landlord and its tenants, and the owner knew or should have known that a crime was likely.
For businesses, a duty to protect customers generally arises when the owner had knowledge of prior similar incidents on the premises, or of circumstances on the property that made a particular attack foreseeable, such as an ongoing fight or a known threat.
For landlords, Maryland law recognizes a duty to take reasonable security measures in common areas they control, such as apartment parking lots, when they know or should know of criminal activity there. Because these rules come from case law and depend heavily on the facts, every claim should be reviewed by counsel.
Foreseeability and Prior Incidents
Foreseeability is usually the central question in a Maryland negligent security case. Courts generally look for evidence of prior similar crimes on the property itself, not simply a high crime rate in the surrounding neighborhood. A history of car break-ins, robberies, or assaults in a shopping center lot may make a later attack in that lot foreseeable. A single unrelated incident years earlier, or general crime statistics for the area, may not be enough on their own.
The type of crime matters too.
Repeated armed robberies in a parking garage can support a claim when another armed robbery occurs there, while prior shoplifting inside a store may say little about a violent assault outside. How recent, frequent, and similar the prior incidents were all affect the analysis.
Public resources such as Maryland’s open data portal can provide useful background, but property-specific records are usually far more important.
Lighting, Cameras, Patrols, and Access Control
Once a crime was foreseeable, the question becomes whether the owner took reasonable steps to address the risk.
Common security measures include:
- Adequate lighting
- Working surveillance cameras
- Security guards or patrols
- Fencing and gates
- Access control for garages
- Emergency call boxes
What’s reasonable depends on the property, the type and frequency of past crimes, and the cost and practicality of different measures. A busy downtown Baltimore parking garage with repeated robberies may call for different measures than a small suburban lot.
Evidence of Prior Similar Incidents
Proving foreseeability usually requires records showing what happened on the property before your attack. Useful evidence can include police calls for service and incident reports tied to the address, the property’s own internal incident logs, customer complaints and emails, security guard reports, and prior lawsuits or insurance claims involving the property. Employee testimony about past problems can also show what management knew.
Lighting and Access-Control Evidence
Physical evidence of the property’s condition helps show whether security was adequate. This can include photographs and video showing lighting levels, maintenance records for broken lights, gates, or cameras, work orders and repair requests, and security contracts describing patrol schedules. Security experts can measure lighting levels and evaluate whether the measures in place met reasonable industry practices.
Causation Between Security Failure and Crime
Showing that security was inadequate isn’t enough. The injured person must also prove that the security failure was a cause of the attack. For example, a broken light or an unstaffed guard post may matter if the evidence shows the attacker chose that dark corner or that a visible patrol would likely have deterred the crime. Defendants often argue that a determined criminal would have committed the crime regardless, which is why expert analysis and careful reconstruction of the incident are often important.
Who Owned or Controlled the Security Decisions
Liability generally depends on who had control over the property and its security. Potentially responsible parties can include the property owner, a commercial landlord, a tenant business that controls part of the lot, a property management company, a parking garage operator, or a private security contractor that failed to perform its duties. Leases and service contracts often determine who was responsible for lighting, cameras, or guards, and identifying the right parties early is important.
Evidence That Can Disappear Quickly
Some of the most important evidence in a negligent security case can be lost within days or weeks:
- Surveillance footage: Many systems overwrite video automatically, sometimes within a few days.
- Lighting conditions: Broken lights may be repaired soon after an incident, changing what the scene looked like.
- Witness information: Customers, employees, and security staff may be difficult to locate later.
- Internal reports: Incident reports, guard logs, and emails can be lost if not preserved.
- Photographs of the scene: Photos taken soon after the attack, ideally at the same time of day, document lighting and access conditions.
- Police reports: The report and any 911 records help establish the timeline and identify witnesses.
A preservation letter sent promptly to the owner and its insurer can help protect this evidence.
Maryland Deadlines and Recoverable Losses
Under Maryland Courts and Judicial Proceedings § 5-101, most civil claims, including negligent security claims, must be filed within three years from the date the claim accrues. Claims involving government-owned property, such as a public parking garage, may require written notice much sooner, often within one year. Claims for minors and wrongful death claims follow their own rules, so these deadlines should be reviewed by an attorney as early as possible.
Recoverable losses may include medical expenses, lost wages, counseling and therapy costs, and pain and suffering. Maryland caps noneconomic damages, such as pain and suffering, in personal injury cases. For causes of action arising between October 1, 2026, and September 30, 2027, the cap is $980,000, and it increases by $15,000 each October 1. Economic damages aren’t capped. Maryland also follows contributory negligence, a strict rule under which a person found even slightly at fault for their own injury may be barred from recovery, so defendants sometimes try to shift blame to the victim.
How Schlachman, Belsky, Weiner & Davey, P.A. Can Help
Since 1979, Schlachman, Belsky, Weiner & Davey, P.A. has represented injured people throughout Maryland from offices in Baltimore, Upper Marlboro, and Salisbury. Our negligent security attorneys represent people who were assaulted, robbed, or sexually assaulted on properties that failed to provide reasonable security. We move quickly to preserve video and other evidence, request records of prior incidents, work with security experts, and identify every party that controlled the property.
We know how difficult it can be to talk about a violent attack, and we handle these cases with compassion and discretion. Our firm is large enough to take on complex cases against businesses and their insurers, yet small enough that clients get quick responses and often have their attorney’s cellphone number. Every case is different, and no outcome can be promised, but we’ll give you an honest assessment.
Contact Schlachman, Belsky, Weiner & Davey, P.A. at (410) 685-2022 for a confidential consultation.
Frequently Asked Questions
Parking Lot Crimes and Negligent Security: Who Is Liable?
The attacker is always responsible, but a property owner, landlord, manager, or security company may also be liable if the crime was foreseeable and reasonable security measures were not taken. Foreseeability usually depends on prior similar incidents on the property or circumstances that made the attack likely.
What facts or records matter most for Maryland negligent security parking lot?
Records of prior crimes on the property, such as police reports, internal incident logs, and complaints, are often the most important evidence. Surveillance footage, lighting and maintenance records, and security contracts also matter, especially because some of this evidence can disappear quickly.
When should I contact a personal injury and negligent security professional about this issue?
As soon as possible after you receive medical care and report the crime. Video footage is often overwritten within days, and early action helps preserve evidence and protect filing deadlines, which can be as short as one year for claims involving government property.
