Negligent Security Claims for British Columbia Residents
British Columbia residents who are injured or killed in the United States due to criminal or violent acts may have a legal claim if the property owner failed to provide reasonable security. These cases are known as negligent security claims and commonly arise from incidents such as assaults, shootings, robberies, or sexual attacks in places like hotels, apartment buildings, parking garages, bars, resorts, and shopping centres.
These claims are usually brought in U.S. federal court in the state where the incident occurred.
What Is Negligent Security?
Under U.S. law, property owners and operators have a duty to take reasonable steps to protect guests, tenants, and visitors from foreseeable criminal activity. When a business or property owner fails to provide adequate security and someone is injured as a result, they may be legally responsible for the harm.
Examples of negligent security include:
- lack of security guards in high-crime areas
- broken or missing locks
- poor lighting in parking lots or stairwells
- unlocked access doors
- lack of surveillance or alarm systems
- failure to respond to prior criminal activity
The focus is not on the criminal’s conduct alone, but on whether the property owner could have prevented the harm by taking reasonable safety measures.
How These Claims Work for BC Residents
When a BC resident is injured in a violent incident on U.S. property, the claim is typically filed in U.S. federal court under diversity jurisdiction. Although the case is heard in federal court, the law of the U.S. state where the incident occurred controls whether the property owner can be held liable and what damages are available.
For example, if a BC resident is assaulted in a Florida hotel parking garage, the claim may be filed in federal court, but Florida negligent-security law will govern liability and damages.
Who Can Bring a Negligent Security Claim
In a personal-injury case, the injured BC resident may bring the claim directly.
If the incident results in death, a wrongful-death claim may be brought by eligible family members under the law of the state where the incident occurred.
What Damages May Be Available
Negligent security claims in the United States can allow recovery for a broad range of losses, including:
- medical expenses
- lost income and loss of future earning capacity
- pain and suffering
- emotional trauma and mental anguish
- loss of enjoyment of life
- in wrongful-death cases, loss of
- companionship and financial support
The exact damages depend on the state law that applies.
Why These Cases Are Different From Canadian Claims
In British Columbia, claims based on third-party criminal acts are often limited. In the United States, however, property owners can be held directly responsible if their failure to provide reasonable security made a crime more likely to occur.
This makes negligent-security claims one of the most important legal remedies for Canadians injured by violence while travelling in the U.S.
Why BC Residents Work With a BC-Based Lawyer
BC residents injured in negligent-security incidents in the United States do not need to hire a local U.S. state lawyer. These claims are brought in U.S. federal court and can be handled by a lawyer admitted to practise there.
Greg Lauer is a British Columbia-based lawyer with more than 20 years of experience litigating wrongful-death and catastrophic-injury cases in U.S. federal courts, including claims involving negligent security. Clients can meet in British Columbia, communicate locally, and still have their case pursued in the appropriate U.S. court.