When a violent crime happens on someone else’s property, the harm can extend well beyond the event itself. Many people do not realize that Maryland law may allow them to seek compensation from an owner who failed to maintain reasonable security.
The legal core of a negligent security claim
To bring this type of claim in Maryland, you generally need to establish four elements. These include a duty of care owed by the property owner, a breach of that duty, a causal link between the breach and your injuries and actual damages that resulted from the incident.
The duty of care is often the most debated part of these cases. Courts look closely at whether the owner had reason to expect the crime, primarily based on whether there is a history of similar criminal events on the premises.
A breach can occur when the owner fails to implement the safety steps that a reasonably prudent owner would have taken. This could mean broken locks, dark parking lots, no cameras or a lack of specific security measures if prior violent incidents made them necessary.
The locations most often tied to these claims
Negligent security can come up in many settings, but the following places tend to appear more often in Maryland cases:
- Apartment buildings and rental housing
- Hotels and motels
- Malls and retail parking lots
- Bars, clubs and event spaces
An owner who ignores complaints from tenants or fails to fix known safety gaps may face closer review.
The typical path through the claims process
Filing a negligent security claim in Maryland usually starts with gathering proof to support your case. This can include police reports, medical records, photos of the site and witness accounts about the conditions at the time.
Maryland sets a three-year time limit for personal injury claims, so you will need to file within three years of the date of the event, or you may lose the right to seek damages.
Many of these cases involve negotiations with the owner’s insurance carrier. The process can require a thorough review of the premises’s security record, any complaints from tenants or visitors and expert input on what measures should have been in place at the time of the incident.