If you were assaulted, robbed, or attacked on someone else’s property in Bensalem, Pennsylvania, you may have a legal right to hold that property owner responsible. This type of claim is called negligent security, and it falls under Pennsylvania’s premises liability law. As a Philadelphia abogado de lesiones personales serving clients throughout Bucks County and the greater Philadelphia area, MyPhillyLawyer knows how devastating these incidents can be, and we want you to understand your rights. MyPhillyLawyer’s principal office is located in Philadelphia, Pennsylvania.

Índice

• What Negligent Security Means Under Pennsylvania Law
• How Property Crime in Bensalem Creates Negligent Security Risks
• What You Must Prove in a Bensalem Negligent Security Claim
• La ley de negligencia comparativa de Pensilvania y cómo afecta a su reclamación
• The Deadline to File a Negligent Security Claim in Pennsylvania
• FAQs About Bensalem PA Negligent Security

What Negligent Security Means Under Pennsylvania Law

Negligent security is a legal claim that holds property owners accountable when poor or absent security measures allow a crime to happen on their property. Pennsylvania premises liability law requires that property owners and businesses keep their premises reasonably safe for lawful visitors. When they fail to do that, and someone gets hurt because of it, the law allows the victim to seek compensation.

Think about a parking lot at Neshaminy Mall on Street Road. If that lot is poorly lit and has no working security cameras, and someone gets mugged there, the property owner may be legally responsible. The key question is whether the crime was foreseeable and whether the owner took reasonable steps to prevent it.

A negligent security claim arises when a property owner or occupier has a lapse in security measures that results in a guest becoming the victim of a violent crime on their premises. These cases usually involve violent crime such as sexual assault, rape, robbery, assault, battery, shootings, stabbings, and homicide.

Property owners in certain situations have a duty to provide reasonable security measures to protect people from foreseeable criminal acts. This can include having functional locks on doors and windows in a rental property, adequate lighting in parking lots and hallways, or trained security personnel at concerts, bars, or sporting events.

This duty applies to a wide range of properties in Bensalem, from apartment complexes near Route 1 to hotels along the Pennsylvania Turnpike corridor, retail stores, casinos, and entertainment venues. If a property owner knew or should have known that crime was a risk and did nothing to address it, they can be held liable for the harm that follows.

How Property Crime in Bensalem Creates Negligent Security Risks

Bensalem is a busy township in Bucks County with tens of thousands of residents and a high volume of commercial activity. High-traffic locations like Parx Casino, Neshaminy Mall, and the many hotels and retail strips along Street Road (Route 132) attract large crowds. Where crowds gather, the risk of crime increases, and property owners have a legal obligation to respond to that risk.

Properties with a high crime rate or in high crime rate areas obligate the owner or possessor to increase security measures. For example, if a property has several assaults or robberies, the landlord has a duty to install security cameras, assure that there is proper lighting, or hire additional security personnel to keep tenants or clients safe.

This principle of foreseeability is central to negligent security claims. There must be a history of crime or a high level of risk in the area where the assault took place. If crime was frequent in the area, or the property owner knew or should have known about the potential for violence, they could be found negligent if they failed to provide adequate security.

A key element in negligent security cases is the foreseeability of harm. If a property owner knows or should have known about a potential danger on their property, property owners should take reasonable measures to prevent damage, which can be particularly relevant in areas with a history of criminal activity. If prior incidents suggest a likelihood of future crimes, the property owner should know to implement security measures.

Prior incidents at a specific location, police reports from the surrounding area, and even complaints made to management can all be used to establish that a property owner was on notice of the risk. If they ignored those warning signs and someone was hurt, that failure matters legally.

What You Must Prove in a Bensalem Negligent Security Claim

Winning a negligent security case in Pennsylvania requires proving four specific legal elements. Each one must be supported by evidence, which is why building a strong case from the start is so important.

First, you must show that the property owner owed you a duty of care. Property owners owe a duty of care to all lawful visitors, which means they must maintain their property in a reasonably safe condition. The extent of this duty can vary depending on the type of property and the expected visitors. For example, residential property owners owe a duty of care to their tenants, and commercial property owners, such as those running stores, malls, or hotels, owe a duty to their customers and employees.

Second, you must show that the owner breached that duty. Liability for negligent security arises when property owners fail to fulfill their duty of care, which could involve failing to install necessary security systems, neglecting to repair broken locks, or not responding appropriately to known security threats.

Third, you must connect that breach to your injury. To hold a property owner liable for negligent security, the breach of duty must have led to the plaintiff’s harm. The victim must demonstrate that the property owner’s negligence caused their injuries.

Fourth, you must show actual damages. The victim must have suffered actual damages, such as physical injuries, emotional distress, or financial losses.

Common security failures that support these claims include broken or missing locks, no surveillance cameras, inadequate lighting in parking areas or stairwells, and undertrained or absent security staff. Common security measures include warning signs, locks, safety lighting, security guards, motion sensor lights, alarms, fencing, security cameras, and screening those who enter the property. When any of these are absent and an attack occurs, the property owner may be held responsible.

La ley de negligencia comparativa de Pensilvania y cómo afecta a su reclamación

Pennsylvania uses a modified comparative negligence rule, which means your own actions during the incident can affect how much compensation you receive. Understanding this rule helps you see why the facts of your case matter so much.

Under 42 Pa. C.S. § 7102, if you share some of the fault for what happened, your compensation is reduced by your percentage of fault. So if a jury finds you were 20% at fault and the property owner was 80% at fault, your award is reduced by 20%. The critical cutoff is 51%. If you are found to be more than 50% responsible for your own injuries, you cannot recover any compensation at all.

Pennsylvania uses a modified comparative negligence standard when determining the final compensation in negligent security cases and other claims of premises liability. This means that the court determines the degree of fault for every party involved in the incident and reduces the overall award by that percentage. However, if a party is found to be more than 50% at fault, they are barred completely from collecting any compensation for their claims.

Property owners and their insurance companies often try to shift blame onto the victim. They may claim you were in a restricted area, that you provoked the attacker, or that your own behavior contributed to what happened. Having an attorney who understands how to push back against these arguments is critical to protecting your recovery.

When multiple parties share responsibility, such as both a property owner and a private security company, the law also addresses how liability is divided. Under 42 Pa. C.S. § 7102(a.1), each defendant is generally responsible for their proportionate share of the total damages, though joint and several liability applies when a defendant bears 60% or more of the total fault.

The Deadline to File a Negligent Security Claim in Pennsylvania

Time is a hard limit in personal injury cases. Pennsylvania law sets a strict deadline for filing a negligent security lawsuit, and missing it almost always means losing your right to any compensation, no matter how strong your case is.

Under 42 Pa. C.S. § 5524, you generally have two years from the date of the incident to file a personal injury lawsuit in Pennsylvania. This statute covers actions to recover damages for injuries caused by the wrongful act or negligence of another person. A negligent security claim falls directly under this provision.

Two years can feel like a long time, but it passes quickly. Evidence disappears. Surveillance footage gets overwritten. Witnesses move away or forget details. The sooner you take action, the stronger your case will be. If your injuries were severe, such as a traumatic brain injury, spinal cord damage, or serious burns, the medical treatment and recovery process can be all-consuming, making it easy to lose track of legal deadlines.

There are limited circumstances where the two-year clock can be paused, such as when the victim is a minor. But these exceptions are narrow and not guaranteed. Do not assume an exception applies to your situation without speaking to an attorney first.

If someone was killed because of negligent security, surviving family members may have a wrongful death claim under 42 Pa. C.S. § 8301, which allows recovery of economic damages on behalf of eligible survivors. That claim also carries a two-year deadline. Contact MyPhillyLawyer at (215) 227-2727 or Toll Free: 866-352-4572 as soon as possible to make sure your rights are protected before the deadline runs out.

FAQs About Bensalem PA Negligent Security

Can I sue a property owner if I was attacked at a Bensalem hotel or casino?

Yes. Hotels, casinos, and other commercial properties in Bensalem owe their guests a high duty of care as invitees. If the property failed to provide adequate lighting, working locks, security cameras, or trained security staff, and you were attacked as a result, the property owner may be held liable under Pennsylvania premises liability law. The key is showing that the attack was foreseeable and that the owner’s security failures contributed to it.

What if the person who attacked me is also being criminally prosecuted?

A criminal case against your attacker and a civil negligent security claim against the property owner are two completely separate legal matters. You can pursue a civil claim against the property owner regardless of whether the attacker is caught, charged, or convicted. The civil case focuses on the property owner’s failure to prevent a foreseeable crime, not on punishing the individual who committed it.

¿Qué tipo de indemnización puedo obtener en un caso por negligencia en la seguridad?

If your claim is successful, you may be able to recover compensation for medical bills, lost wages, reduced earning capacity, pain and suffering, and emotional distress. In cases involving particularly reckless conduct by a property owner, punitive damages may also be available. The specific damages depend on the facts of your case and the severity of your injuries.

Does it matter that the crime was committed by a third party and not the property owner directly?

No, it does not bar your claim. Pennsylvania law recognizes that property owners can be held responsible for injuries caused by third-party criminals when the crime was foreseeable and the owner failed to take reasonable security precautions. The property owner does not have to be the one who committed the act. Their liability comes from their failure to prevent it.

How do I prove that a Bensalem property owner knew about a security risk?

Evidence of prior notice can come from many sources, including prior police reports at the same location, prior complaints made to management, incident reports, local crime data, and records of previous lawsuits or insurance claims involving the property. A thorough investigation of the property’s history is one of the most important steps in building a strong negligent security case. An attorney can help you gather and preserve this evidence before it is lost.

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