When Negligent Security Leads to Wrongful Death in Denver: Legal Options for Families
Property owners and businesses have a legal obligation to take reasonable steps to protect people on their premises. When they fail to do so, and that failure contributes to a fatal incident, families may have grounds for a wrongful death claim based on negligent security.
The Denver wrongful death attorneys at Leventhal Puga Braley P.C. represent families in Denver who are facing devastating losses tied to unsafe conditions. These cases offer an essential means of seeking justice for your family.
Understanding Negligent Security in Wrongful Death Cases
A negligent security claim falls under the broader category known as premises liability. It applies when a property owner fails to provide adequate security measures, creating conditions where foreseeable criminal acts can occur. When these failures contribute to fatal criminal acts, such as assaults or shootings, the property owner may share legal responsibility.
Examples of negligent security include:
- Poor or non-functioning lighting in parking areas or hallways
- Lack of security cameras or surveillance systems
- Broken locks, gates, or access controls
- Failure to hire or properly train security personnel
- Ignoring prior criminal activity on or near the property
Colorado Premises Liability Law
In Colorado, negligent security cases are governed by C.R.S. § 13-21-115, the state’s premises liability statute. This law outlines the duty of care that property owners owe to individuals on their property.
The level of duty depends on the visitor’s status:
- Invitees (customers, tenants, guests) are owed the highest duty of care
- Licensees (social guests) are owed a duty to warn of known dangers
- Trespassers are owed limited protections, with some exceptions
In most negligent security wrongful death cases, victims are considered invitees or tenants. That means property owners must take reasonable steps to prevent foreseeable harm.
The Role of Foreseeability in Negligent Security Cases
Foreseeability is one of the most important factors in negligent security cases. Property owners are required to address reasonably predictable risks.
A fatal incident may be considered foreseeable if:
- There were prior similar crimes on or near the property
- The area is known for high crime rates
- The property lacked basic security measures
- Complaints or warnings about safety were ignored
For example, if an apartment complex has a history of assaults and the owner fails to improve lighting or security, a resulting fatal attack may support a claim or lawsuit.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law allows certain individuals to pursue a wrongful death claim after a fatal incident. Eligible parties typically include:
- The surviving spouse
- Children of the deceased
- Parents (in certain circumstances)
How Civil Claims Differ From Criminal Cases
A wrongful death claim is a civil case filed by family members who are seeking compensation. This is separate from a criminal case, which may be brought by the government to punish someone for violating the law, often resulting in penalties like jail time, fines, or probation.
In many situations, the same incident can lead to both a criminal case and a civil lawsuit. It is important to remember that a negligent security wrongful death claim:
- Can proceed even if no criminal charges are filed
- Has a lower burden of proof than criminal cases
- Focuses on negligence, not intent
Your Attorney Will Collect Evidence to Support a Negligent Security Claim
Building a strong case requires thorough investigation and documentation. This evidence helps establish whether responsible parties violated their duty of care and whether the incident was foreseeable.
Key evidence may include:
- Police reports and crime data for the area
- Surveillance footage
- Maintenance and repair records
- Security policies and staffing records
- Witness statements
- Expert testimony on security standards
Who Can Be Held Liable?
Liability in negligent security cases can extend beyond a single party. Depending on the circumstances, responsible parties may include:
- Property owners
- Property management companies
- Security contractors
- Business operators leasing the space
What Compensation May Be Available?
Families pursuing a wrongful death claim may be entitled to compensation for both economic and non-economic losses.
Damages may include:
- Funeral and burial expenses
- Loss of income and financial support
- Loss of companionship and guidance
- Emotional distress and grief
Speak With an Experienced Wrongful Death Attorney in Denver
If your family is dealing with the aftermath of a fatal incident tied to inadequate security, you deserve answers, accountability, and a legal team that knows how to successfully pursue these cases.
Leventhal Puga Braley P.C. has an impressive track record when it comes to getting justice for our clients. Our attorneys have earned top rankings from Martindale-Hubbell, including an AV rating, an honor bestowed on lawyers with the highest ethical standards and legal ability.
Call (303) 759-9945 to learn more today. We offer no-charge consultations.
FAQs About Negligent Security That Leads to a Wrongful Death Claim or Lawsuit
What is a negligent security wrongful death claim?
A negligent security wrongful death claim arises when a property owner fails to provide reasonable safety measures, and that failure contributes to a fatal criminal act. These cases fall under premises liability wrongful death, and they focus on whether the death could have been prevented with proper security.
How does Colorado law define a property owner’s responsibility?
Under C.R.S. § 13-21-115, property owners have a duty of care to maintain reasonably safe conditions for people on their premises. This includes taking steps to address known risks, such as prior criminal activity or unsafe conditions that could lead to harm.
What does foreseeability mean in negligent security cases?
Foreseeability refers to whether the property owner should have reasonably anticipated the risk of a criminal act. If similar incidents occurred in the past or the area is known for crime, the owner may be expected to take preventive measures.
Who can file a wrongful death claim in Denver?
In Colorado, the surviving spouse typically has the first right to file a claim, followed by children and, in some cases, parents. Meeting wrongful death claim requirements is essential to preserving your right to seek compensation.