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Negligent Security

Negligent Security Attorney in Salem

Personal Help After An Attack Or Assault On Unsafe Property

When property owners and businesses in Salem fail to provide reasonable security, violent crimes and preventable injuries can follow. If you were hurt because a store, apartment complex, hotel, bar, or parking garage ignored basic safety measures, you may have a negligent security claim. A successful claim can help you recover medical costs, lost wages, and compensation for pain and emotional distress.

At Smith Morgan LLP, we focus on serious injury claims, including negligent security cases across Salem and surrounding Marion and Polk County communities. With over 4,000 cases handled and decades of combined firm history, we know how to fight for fair results while treating you with the compassion and respect you deserve.


Call our Salem office at (541) 248-6979 or request your free case review online. No upfront fees, and you pay only if we win.

Salem negligent security cases we handle

Negligent security is a type of premises liability claim. It arises when a property owner, manager, or security contractor fails to take reasonable steps to deter foreseeable criminal acts or protect lawful visitors. Our team investigates incidents at many types of Salem properties, including:

  • Apartment complexes and short-term rentals with broken gates, poor lighting, or no visitor screening
  • Bars, nightclubs, and restaurants with inadequate bouncer staffing or no crowd control procedures
  • Shopping centers, grocery stores, and retail parking lots with frequent theft or assaults and minimal patrols
  • Hotels and motels with faulty locks, unsecured access points, or understaffed night shifts
  • Office buildings, hospitals, and campuses that lack working cameras or emergency response protocols
  • ATM kiosks, transit stops, and parking structures with known crime patterns and little to no security presence

When a property ignores conditions that increase risk, victims can suffer assaults, robberies, shootings, stabbings, abductions, or other violent crimes. If this happened to you or a family member in Salem, our negligent security attorneys will move quickly to preserve evidence and build your claim.

What makes security “negligent”

Reasonable security depends on the property’s nature, history, and surrounding crime data. Common security failures include:

  • Burned-out or missing exterior lighting
  • Broken door or window locks, uncontrolled access points, or propped doors
  • Nonexistent, malfunctioning, or unmonitored cameras
  • No security staff where prior incidents or crowd patterns call for it
  • Ignored 911 calls, complaints, or incident reports showing a pattern of crime
  • Lack of visitor screening or ID checks at residential and hospitality properties
  • Failure to warn visitors about known dangers on or near the premises

Why hire Smith Morgan LLP for a negligent security claim in Salem

Choosing a law firm with the resources and focus to take on corporate property owners and insurers can make the difference in your case. At Smith Morgan LLP:

  • We have handled more than 4,000 cases, giving us the experience to anticipate insurer tactics and evaluate the full value of your negligent security claim.
  • We deploy investigators and specialists quickly to document lighting, locks, access control, staffing levels, and camera coverage before conditions change.
  • We examine crime maps, police calls for service, and prior incident reports to establish foreseeability and prove the owner knew or should have known about the risk.
  • We pursue all responsible parties, which may include property owners, management companies, security contractors, event promoters, and commercial tenants.
  • We keep you informed, answer your questions directly, and treat you with the compassion and respect you deserve at every step.

Our investigation checklist

To support your negligent security case, we typically gather:

  • Surveillance video from on-site and neighboring businesses
  • Lighting measurements, site diagrams, and photos of locks, gates, and access points
  • Patrol logs, incident reports, maintenance records, and vendor agreements
  • Prior police reports and crime statistics for the property and the nearby area
  • Staffing schedules, training manuals, and post orders for security personnel
  • Witness statements and 911 audio when available
  • Your medical records, bills, and documentation of lost wages

How negligent security claims work in Oregon

Negligent security cases are a subset of premises liability. To win, we must show that the defendant owed you a duty of reasonable security, breached that duty, and that the breach caused your injuries and damages.

  • Duty of care: Property owners and operators who invite customers, tenants, or guests onto their premises must take reasonable steps to keep the property safe from foreseeable dangers, including criminal acts by third parties.
  • Breach: We must prove what reasonable security required under the circumstances and how the defendant fell short. Evidence can include broken locks, poor lighting, a history of similar incidents, or missing security staff.
  • Causation and damages: We connect the security failures to the incident and your harm, then document medical expenses, lost income, pain and suffering, and other losses.
  • Oregon law imposes strict timelines for filing injury claims. Because evidence can be lost quickly and deadlines can vary based on the facts, it is important to contact a Salem negligent security lawyer as soon as possible.

Who can be liable

Negligent security claims can involve multiple defendants. Depending on the facts, liability may include:

  • Property owners and landlords
  • Property management companies
  • Security contractors or staffing agencies
  • Commercial tenants and event organizers
  • Hotel or hospitality operators
  • Parking garage owners and operators

We identify all responsible parties and their insurers to maximize available coverage.

Common defenses and how we respond

Insurers often argue that the criminal act was unforeseeable, that the property’s security was adequate, or that the victim shares fault. We counter with facts:

  • Foreseeability: We show the owner knew or should have known about crime patterns through prior incidents, calls for service, or neighborhood data. We also evaluate whether the type of business inherently attracts certain risks that call for elevated security.
  • Adequacy of measures: We compare the site’s actual conditions against industry standards for lighting, access control, staffing, and surveillance for similar properties.
  • Comparative fault: Oregon allows recovery even if a victim is partially at fault, as long as they are not more at fault than the defendants. We push back on insurer attempts to shift blame and focus the case on the owner’s preventable security failures.

Damages available in a negligent security claim

Every case is unique, but compensation may include:

  • Emergency care, surgery, therapy, prescriptions, and future medical needs
  • Lost wages, diminished earning capacity, and employment benefits
  • Pain, emotional distress, and loss of enjoyment of life
  • Scarring, disfigurement, or disability-related costs
  • Property losses such as phones, wallets, or vehicles damaged during the incident

In certain cases, punitive damages may be available where conduct was especially egregious, subject to Oregon law

What to do after a security-related injury in Salem

  • Call 911 and seek medical care, even if injuries seem minor. Prompt documentation helps your health and your claim.
  • Report the incident to property management and request a copy of the report.
  • Preserve evidence. Keep clothing and personal items, save photos and messages, and note witness names.
  • Avoid discussing details with the property’s insurer or signing anything before speaking with an attorney.
  • Contact a negligent security lawyer quickly so an investigation can begin before conditions change.

How we prove negligent security

Negligent security claims turn on details. Our attorneys and investigators work to establish:

  • The property’s crime history compared with similar Salem locations
  • What reasonable lighting, locks, access control, and staffing were required
  • Whether cameras existed, worked, and were monitored or maintained
  • Whether the property failed to warn visitors or implement simple fixes
  • How these failures allowed the crime to occur and worsened the outcome

We often consult with security professionals who can evaluate industry standards for properties like apartments, hotels, retail centers, and entertainment venues. Their independent analysis helps the insurer and, if necessary, a jury understand exactly what went wrong.

The role of medical and psychological evidence

Security-related crimes frequently cause both physical and emotional injuries. We work with your treating providers and, when needed, independent professionals to document:

  • Orthopedic injuries, traumatic brain injuries, lacerations, and internal harm
  • Post-traumatic stress symptoms, anxiety, sleep disruption, or depression
  • Reasonable future care and the cost of counseling and therapy

Timeline of a negligent security case

While every matter is different, many cases follow this path:

  • Free consultation and case evaluation
  • Immediate preservation letters to prevent deletion of video and records
  • Site inspection, evidence collection, and witness interviews
  • Demand package to the insurer supported by findings and damages documentation
  • Settlement negotiations or pre-suit mediation
  • If needed, filing suit in Marion County Circuit Court or the appropriate venue
  • Discovery, depositions, and specialists analysis
  • Trial readiness and, if necessary, trial

Most cases resolve through negotiation once the full strength of the evidence is clear. If an insurer refuses to be fair, we are prepared to present your case in court.

How fees work

Our firm represents negligent security clients on a contingency fee. You will not owe attorney’s fees unless we recover compensation for you. We also advance case costs and only recoup them upon a successful outcome.

Frequently Asked Questions

What is a negligent security claim?

It is a legal claim against a property owner, manager, or security company for failing to take reasonable measures to deter foreseeable crime or protect visitors. Examples include poor lighting, broken locks, no cameras, or a lack of security staff where crime patterns call for it.

How do I know if my case is strong?

Strength depends on foreseeability and proof of inadequate measures. If the property had a history of incidents, ignored complaints, lacked basic lighting or access control, or failed to monitor cameras, your case may be strong. A prompt investigation is essential.

Can I still recover if the attacker was not caught?

Yes. Negligent security claims focus on the property’s failures, not the criminal’s identity. Many successful cases proceed even when the assailant is unknown or not prosecuted.

What if I was partially at fault or made a judgment error?

Oregon’s comparative fault rules may still allow recovery as long as you are not more at fault than the defendants. An attorney can assess how any alleged fault may affect your claim and build evidence that centers responsibility where it belongs.

What damages can I claim after an assault or robbery on private property?

You may pursue medical bills, lost wages, future medical and therapy costs, pain and suffering, and property loss. In severe cases, there may be a claim for long-term disability or diminished earning capacity.

How long do I have to file a negligent security lawsuit in Oregon?

Deadlines are strict and can vary based on the facts, including whether the claim involves a private or public entity. Because evidence like surveillance footage can be lost quickly, you should contact a lawyer as soon as possible to protect your rights.

Should I talk to the property’s insurer before hiring a lawyer?

It is best to speak with a lawyer first. Insurers may ask for recorded statements or medical authorizations that can harm your claim. We handle communications so you can focus on recovery.

Take your next step toward recovery in Salem

Every day you wait can make it harder to secure video and records that prove negligent security. Our Salem team is ready to move fast, preserve evidence, and advocate for the full compensation you deserve.


Schedule your free, confidential consultation now by calling (541) 248-6979 or sending a message through our secure form. Evening and weekend appointments available.

Our Settlements & Verdicts

  • $1,250,000 Road Construction Worker Fatality

    Policy limit settlement for a worker killed by an inattentive driver in a construction zone.

  • Settlement Trip And Fall At Local Business

    An 81-year-old man suffered severe injuries after tripping at a business. Investigation revealed multiple code violations at the doorway. The case settled shortly before trial, covering all medical costs plus pain and suffering.

  • Successful Arbitration Award Rear-End Collision

    A 38-year-old mother of two required surgery after being rear-ended. Despite the insurer arguing her injuries were degenerative, arbitration secured funds to cover medical bills, pain and suffering, and long-term limitations.

  • $250,000 Uninsured Motorist Claim
  • $1,000,000 Mother Injured In Auto Accident

    Arbitration award for a 39-year-old mother injured while driving her children home from school.

  • $1,500,000 Pedestrian Hit By Drunk Driver

    Settlement for a pedestrian struck by a drunk driver, which included recovery from the bar that overserved the driver.





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