When you enter someone else’s property, whether it is an apartment building, a parking garage, a hotel, a bar, or a shopping center, you have a reasonable expectation that the property owner has taken basic steps to protect you from foreseeable harm. When a property owner fails to provide adequate security and someone is assaulted, robbed, or attacked as a result, that failure is not just a crime victim situation. It is a civil liability case.
At the Law Offices of Michael F. Campopiano, we represent Rhode Island victims of crimes that occurred because a property owner failed in their duty to provide reasonable security. Call us at (401) 288-3888 for a free consultation. You pay nothing unless we win.
Foreseeable
The central legal test in a negligent security case: was the crime foreseeable given the property's history and location?
$500,000
Settlement recovered by MFC Law for a client injured in a Providence premises liability case
Civil + Criminal
A negligent security claim is a separate civil case from any criminal prosecution of the attacker — both can proceed simultaneously
What Is Negligent Security?
Negligent security is a theory of premises liability that holds a property owner responsible for injuries caused by third-party criminal acts on their property when the owner failed to take reasonable precautions against foreseeable harm. The property owner did not commit the crime. What they did was fail to prevent it when they had reason to know it was likely to occur.
Rhode Island law requires property owners to maintain their premises in a reasonably safe condition for those who have a right to be there. For commercial properties, apartment complexes, hotels, and other high-traffic locations, that duty extends to providing security measures appropriate to the known risks at that location.
The Legal Framework: Foreseeability
The central question in every negligent security case is foreseeability. Was the crime that harmed you something the property owner knew or should have known was likely to occur? Foreseeability is established through:
- Prior crime history: Police reports, incident logs, and crime statistics showing a pattern of criminal activity at or near the property
- Prior complaints: Tenant complaints, maintenance records, or management communications documenting security concerns before your incident
- Location and demographics: Properties in high-crime areas, near establishments that generate late-night disturbances, or in locations with documented security risks carry a heightened security duty
The owner’s own security history: Whether the property previously had security measures that were removed or allowed to lapse
What Constitutes Inadequate Security?
Lighting
Parking lots, stairwells, hallways, and building entrances that are poorly lit create conditions that both enable and embolden criminal acts. Adequate exterior and interior lighting is one of the most basic and cost-effective security measures a property owner can implement. Its absence in a location with documented criminal history is strong evidence of negligence.
Access Control
Apartment buildings, hotels, parking garages, and commercial properties should have functioning locks, secured entry points, and working access control systems such as key fobs or coded entries. Broken locks, propped doors, and malfunctioning access systems that allow unauthorized entry are common negligent security failures.
Security Personnel
Properties with documented histories of criminal activity, nightlife establishments, large apartment complexes, and high-traffic commercial venues may be required to employ security guards or contracted security services. The absence of security personnel at a location where their presence was clearly warranted is a recognized form of inadequate security.
Security Cameras
Surveillance cameras serve both a deterrent and evidentiary function. A property owner who installs non-functional or conspicuously inadequate cameras, or who fails to maintain functioning cameras in areas with documented criminal activity, may be found to have provided inadequate security.
Warning Systems
Some properties are required to have working intercoms, emergency call systems, or panic buttons in areas where crimes have previously occurred. The failure to install or maintain these systems in locations where they were warranted contributes to a negligent security finding.
$500,000
Settlement recovered by MFC Law for a client seriously injured in a Providence premises liability case.
Common Negligent Security Scenarios in Rhode Island
Apartment and Housing Complex Assaults
Landlords of multi-unit residential properties have a heightened duty to their tenants and guests. Assaults in stairwells, parking areas, laundry facilities, and common areas of apartment buildings with documented criminal histories are among the most common negligent security claims. We obtain the property’s crime history through police records and document the specific security failures that enabled the assault.
Bar and Nightclub Incidents
Bars, nightclubs, and late-night entertainment venues create a well-documented environment for altercations. Rhode Island establishments that fail to employ adequate door staff, properly train security personnel, maintain functioning cameras, or respond appropriately to escalating situations may be liable for assaults that occur on their premises or in immediately adjacent areas they control.
Hotel and Motel Attacks
Hotels have a heightened duty to guest security. Crimes committed in guest rooms, hallways, parking areas, and grounds of hotels with documented prior incidents are particularly strong negligent security cases. We subpoena the hotel’s prior incident reports, guest complaints, and security protocols as part of every hotel negligent security case.
Parking Lot and Garage Crimes
Commercial parking structures and surface lots, particularly those in areas with documented criminal activity, are required to provide adequate lighting, functional cameras, and in some cases security patrols. Armed robberies and assaults in dark, unmonitored parking structures are foreseeable and preventable.
How We Prove a Negligent Security Case
Obtaining the Property’s Crime History
We request police records and incident reports for the specific property address and surrounding area going back several years. A pattern of prior criminal activity at or near the property is powerful evidence that the crime that harmed you was foreseeable.
Documenting the Security Failures
We investigate and document the specific security measures that were absent or inadequate: inoperative lighting, broken locks, missing cameras, absence of security personnel. We photograph the property and preserve any evidence before it is repaired or upgraded following the incident.
Security Expert Testimony
We retain qualified security experts who can testify about the applicable industry standards for the type of property involved, what security measures were warranted given the property’s history, and how the specific failures enabled the crime that caused your injuries.
Damage Documentation
Negligent security injuries often include serious physical harm, psychological trauma including PTSD, and long-term functional impairment. We document all categories of damages through medical records, mental health evaluations, and economic analysis.
Common Defenses and How We Counter Them
“The Crime Was Not Foreseeable”
The most common defense is that the criminal act was unforeseeable. We counter this with documented prior criminal activity at the specific property, the location’s known crime environment, and any prior complaints or security concerns that were reported to the owner before the incident.
“The Criminal’s Act, Not Our Negligence, Caused the Harm”
Property owners argue that the criminal, not them, is the proximate cause of the injury. Rhode Island law recognizes that a property owner can be jointly responsible for harm enabled by their negligence, even when a third-party criminal committed the act. The criminal’s conduct does not insulate the negligent property owner from civil liability.
“The Victim Was Contributorily Negligent”
Under Rhode Island’s pure comparative negligence rule, any fault assigned to the victim reduces but does not eliminate recovery. We challenge inflated victim-fault assignments in negligent security cases where the criminal actor was the primary responsible party.
What Compensation Can You Recover in a Negligent Security Case?
- Medical Expenses: Emergency treatment, surgery, hospitalization, and all follow-up care
- Future Medical Costs: Ongoing treatment and rehabilitation projected over the victim’s recovery period
- Psychological Treatment: Therapy and psychiatric care for PTSD, anxiety, and trauma resulting from the attack
- Lost Wages: Income lost during recovery from injuries
- Pain and Suffering: Physical pain, emotional trauma, and the lasting impact on quality of life
Property Losses: Items stolen or destroyed during the crime
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What truly impressed me was the amount of compensation I received. It's significantly more than what I got from other cases where I treated for twice as long, and those took much longer to resolve. The efficiency and effectiveness of this team are truly commendable.
Communication was top-notch throughout the entire process. I felt informed and involved every step of the way, and I was particularly pleased that I could reach out to Mike directly whenever I had questions. His accessibility made a world of difference and reassured me that I was in good hands.
If you're looking for a dedicated team that delivers results quickly and effectively, I highly recommend this firm. They exceeded my expectations, and I couldn't be happier with the outcome of my case!
I’m in a new whip, watch, kicks, it was the little jumpstart I needed to get me going. 5 months and I got it. Hit em up and be patient call every now and then and that’s it, be patient ock you’ll get paid.
Their team went above and beyond to ensure that I felt supported and informed every step of the way. They handled everything—from paperwork to negotiations—seamlessly, which completely eased my anxiety. What could have been an incredibly stressful and daunting lawsuit turned into a smooth and almost effortless process, thanks to their dedication and professionalism.
I was especially impressed with how they fought for my case. They didn’t settle for the first offer but instead pushed for what I truly deserved. In the end, they secured a settlement that was far beyond anything I ever expected. Their persistence and expertise showed me that I was in the best hands possible.
Lawsuits can be stressful, but Michael F. Campopiano and his team made the entire experience not only bearable but even empowering. If you’re looking for a legal team that genuinely cares, works tirelessly, and delivers outstanding results, look no further. I am so thankful for their help and would recommend them to anyone in need of legal representation. Thank you for everything!
Areas We Serve
- Throughout Rhode Island & Massachusetts, helping victims of personal injury get the care they deserve.
“When you choose us, you can be rest assured that you will receive personalized attention and a comprehensive legal strategy tailored to your unique circumstances. Our skilled lawyers will guide you through every step of the legal process, explaining your rights and options in clear, straightforward language.
We handle a wide range of personal injury cases, including car accidents, slip and falls, Dog Bite, and more. No matter the complexity of your case, we have the expertise and resources to fight for the compensation you deserve.”
Frequently Asked Questions: Negligent Security in Rhode Island
1. Can I sue a property owner if I was assaulted on their premises?
Yes, if the assault was foreseeable and the property owner failed to take reasonable security precautions. The criminal who harmed you and the property owner can both be held liable. The criminal faces criminal prosecution. The property owner faces civil liability through their commercial insurance.
2. What if the attacker was never caught?
The identity of the attacker is not required for a negligent security claim against the property owner. Your claim is against the property owner for failing to prevent the foreseeable crime, not against the attacker in civil court. The criminal case and the civil case are entirely separate.
3. What if I was partly at fault for being in a dangerous area?
Under Rhode Island’s pure comparative negligence rule, any fault assigned to you reduces but does not eliminate your recovery. We challenge any inflated victim-fault assignment and make the case that the property owner’s failure to provide reasonable security was the primary cause of the harm.
4. How long do I have to file a negligent security claim in Rhode Island?
Three years from the date of the incident under Rhode Island’s statute of limitations. Act quickly to preserve security footage, incident reports, and evidence of the property’s prior crime history.
Why Choose the Law Offices of Michael F. Campopiano?
Why Choose the Law Offices of Michael F. Campopiano?
Founded in 2007, MFC Law has spent nearly two decades fighting for injury victims throughout Rhode Island. Michael F. Campopiano built this firm on a simple belief: advocacy with compassion, when clients need it most. That means being accessible, honest, and relentless. Mike answers client calls directly, moves quickly to preserve evidence, and does not back down when insurance companies push back.
Our team speaks English, Spanish, and Portuguese, so every client feels fully understood and supported through every step of the process.
We represent injury victims across Providence, Warwick, Cranston, Pawtucket, and all surrounding Rhode Island communities.
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