When a sexual assault happens because a property owner failed to provide adequate security, the consequences can be devastating. At Schlachman, Belsky, Weiner & Davey, P.A., we are committed to standing up for survivors in Maryland and demanding accountability from those whose negligence allowed the harm to occur.
At SBWD Law, we listen with respect, maintain the highest level of confidentiality, and advocate tirelessly for the safety, dignity, and healing of those we serve. If you or someone you care about has experienced sexual assault due to negligent security, we invite you to reach out for a free and confidential consultation. You deserve to have dedicated advocates by your side who understand both the trauma and the legal complexities in these cases. Your voice and story are important. Contact SBWD Law today for compassionate legal guidance.
When You Should Seek Legal Counsel
Sexual assault involves any act of a sexual nature against someone without their consent, often through threat, force, or exploitation of vulnerability. These violations can take many forms and affect people of all ages and backgrounds, including children and adults. Survivors are encouraged to reach out to legal professionals whenever safety has been compromised, especially if the harm could have been prevented by better security measures. SBWD Law is prepared to provide confidential and attentive guidance to the needs of survivors, helping you navigate the path forward as soon as you are ready.
What You Need to Know About Negligent Security
Negligent security occurs when a property owner or manager fails to provide reasonable safeguards that could prevent foreseeable harm, such as assault or other crimes. Under Maryland law, property owners have a duty to take steps like maintaining adequate lighting, secure locks, and surveillance to protect people on their premises. When these measures are neglected, and someone is hurt as a result, the injured person has the right to seek accountability through legal channels. Acting on these rights is not just about compensation; it’s about affirming the importance of safety and responsibility in our communities for everyone.
Common Locations Where Negligent Security Occurs
Negligent security can happen almost anywhere, but certain locations carry an increased risk.
Common sites where insufficient safeguards may put people in danger include:
- Apartment buildings and housing complexes
- Hotels
- Shopping Centers
- Parks and campgrounds
- College campuses and dormitories
- Parking lots and garages
How Inadequate Security Can Lead to Sexual Assault
The absence of proper security in these areas can create conditions where sexual assault and other serious crimes occur. Survivors of such incidents have legal options to hold property owners and other responsible parties accountable for not taking steps to prevent harm. By pursuing a claim, victims can seek compensation for what happened and help promote stronger protections for others, all within an environment of care and sensitivity to their experience.
How Property Owners Can Be Held Liable
In Maryland, property owners have a legal duty to keep their properties reasonably safe for visitors and tenants. This means they must provide effective security measures such as functioning locks, adequate lighting, and monitoring of entrances to help prevent crimes and protect everyone on the premises. Premises liability doesn’t only apply to property owners, it can also involve managers, contractors, or security companies responsible for safety. When this duty is neglected and someone suffers harm, those responsible can be held legally liable through civil claims.
Duty of Care Owed to Visitors and Tenants
Property owners owe visitors and tenants a duty to take reasonable steps to protect them from foreseeable harm. This duty varies depending on the visitor’s status, but generally means implementing appropriate security precautions based on the location and risks.
Examples of Negligent Security Practices
Negligent security often presents itself through identifiable warning signs and practices, such as:
- Broken or missing locks on doors, windows, or gates
- Dim, failing, or non-existent lighting in hallways, entryways, or parking areas
- Inoperable or absent security cameras or alarms
- Lack of trained security personnel
- No warnings or signage about known safety hazards
- Unaddressed history of criminal activity in the area
- Poorly maintained barriers, fences, or access controls
Foreseeability and Preventability in Legal Claims
A crucial part of any negligent security legal claim is the principle of foreseeability and preventability. If it is shown that a crime or personal injury was foreseeable, meaning prior incidents or known risks should have alerted the property owner, and preventive measures were not taken, the chances of establishing liability increase. Legal claims often hinge on demonstrating that harm could have reasonably been prevented, and that those responsible failed to act. This approach can help survivors and families pursue compensation while also promoting safer environments for others in the future.
Your Legal Rights as a Victim of Sexual Assault
Survivors of sexual assault in Maryland have the legal right to take action against those responsible, both through criminal prosecution and civil lawsuits. Criminal cases focus on punishing the offender, while civil claims seek to hold individuals or institutions accountable, especially when things like negligent security contributed to the harm. Survivors have the right to be informed about the process, participate as much as they wish, and hire their own legal representatives for support and guidance. These rights exist to help survivors regain control and move forward with confidence.
Civil vs. Criminal Legal Actions
Criminal cases are brought by the state or federal government to prosecute individuals accused of committing sexual assault. These cases focus on holding the offender accountable through penalties such as imprisonment, probation, fines, or mandatory counseling. The goal is to deliver justice by punishing the perpetrator and protecting the community. Survivors often participate as witnesses and have rights throughout the criminal process, including being informed about court dates and outcomes.
Civil lawsuits, on the other hand, are filed by survivors seeking financial compensation for the harm they suffered. These claims can be directed not only at the person who committed the assault but also at institutions or property owners whose negligence—such as failing to provide adequate security—contributed to the assault. Civil cases focus on compensating survivors for physical injuries, emotional trauma, lost wages, medical expenses, and other damages. Unlike criminal cases, the burden of proof in civil court is lower, requiring a “preponderance of the evidence” rather than proof beyond a reasonable doubt.
Both criminal and civil legal actions serve important roles in the pursuit of justice, and survivors may choose to pursue one or both options depending on their circumstances and goals. Consulting with an attorney can help clarify the best path forward based on your unique situation.
Compensation Available in a Negligent Security Claim
Victims may pursue compensation for a variety of harms through civil action, which can include:
- Medical expenses and ongoing healthcare
- Therapy and counseling costs
- Lost wages or loss of earning potential
- Pain and suffering
- Emotional distress
- Property damage or loss
- Punitive damages (intended to deter future negligence)
Understanding the Statute of Limitations in Maryland
Recent changes in Maryland law provide survivors, especially victims of childhood sexual abuse, with expanded opportunities to file civil claims, having eliminated many former time limitations on these lawsuits. For most adult cases, statutes of limitations still apply, restricting how long after an incident a claim can be made. The specific timeframe varies depending on the circumstances and type of claim, making it crucial to consult a knowledgeable attorney to fully understand your options within the window available.
What to Do After a Sexual Assault on Another Person’s Property
Too often, survivors of sexual assault on someone else’s property are unaware that property owners and managers can be held accountable when negligent security leads to harm. The law recognizes that those responsible for maintaining safe environments must answer for inadequate measures, and with the guidance of experienced legal advocates, every party who contributed to your suffering can be pursued for responsibility.
After a sexual assault due to negligent security, consider taking these important steps:
- Seek immediate medical care for your health and documentation
- File a detailed police report to establish an official record
- Preserve any physical evidence (clothing, photos of the area, messages)
- Make note of details about the premises, lighting, locks, security staff, or cameras
- Obtain witness information if anyone saw the event or knows relevant circumstances
- Avoid discussing the incident on social media
- Reach out to a trusted attorney skilled in negligent security cases
If you’re unsure whether the tragedy could have been prevented, our legal team is here to help you explore your options and take the necessary steps. By working closely with caring professionals, you gain support and clarity as we investigate whether lapses in security played a role, and ensure that those responsible for failing to protect you are held to account.
How SBWD Law Can Help You
At SBWD Law, our mission is to stand beside survivors with unwavering dedication, compassion, and respect while we pursue every avenue to hold the right parties accountable for failing to provide a safe environment. Whether through negotiation or litigation, our attorneys work tirelessly to protect your rights and advocate for the outcome you deserve.
Schedule a Confidential Consultation with SBWD Law
If you or someone you care about has suffered sexual assault due to negligent security, we encourage you to take the important step of speaking with an experienced legal team. Schedule a free and completely confidential consultation with SBWD Law today. Together, we can review your situation, explain your options, and begin taking action to seek accountability from those who failed to prevent the harm. Your voice matters.
