Litigating the Negligent Security Case: Who’s in Control Here?

Negligent security cases are cases in which a landowner is exposed to liability resulting from criminal acts on the landowner’s property, regardless of whether the landowner is present. In this Article, the Author discusses the different types and sources of landowner duties, including statutory and common law, and the role that “control” plays in litigating these cases. Generally, there is no duty for a landowner to protect entrants from third-party criminal acts. However, a duty will arise when an individual responsible for the status of land maintains control over the tcrtfeasor, the instrumentality that the tortfeasor uses to commit the harm, or the land itself. If such a duty exists, that person or entity must take sufficient steps to protect visitors on the
hand If the landowner fails to take reasonable measures to satisfy that duty, and a jury determines that the lack of security caused injury or death to a visitor, the landowner may be exposed to significant liability.