Alabama Negligent Security Lawyer

Authored by Fob James, IV | Last updated July 2026

Negligent security is a type of Alabama premises liability claim. When a property owner knows about criminal danger on the premises — prior shootings, assaults, or robberies — and fails to take reasonable security measures, the owner can be held financially responsible when the next foreseeable crime injures or kills someone.

The Alabama negligent security lawyers at Fob James Law Firm have recovered six- and seven-figure settlements for shooting and assault victims across the state, including an $825,000 settlement for a bystander shot inside a Birmingham-area truck stop. We know how to prove what property owners knew, and when they knew it.

If you or a loved one was shot, assaulted, or killed because of inadequate security in Birmingham or anywhere in Alabama, call 205-407-6009 or contact us online for a free, confidential consultation. You pay nothing unless we win.

Alabama Negligent Security Claims at a Glance

Why Choose Fob James Law Firm for a Negligent Security Case?

For more than 40 years, Fob James Law Firm has represented victims of serious injury and violent crime across Alabama. Negligent security cases are among the hardest personal injury cases to win in this state — and among the most important. Here is what we bring to yours:

• Proven negligent security results. We have secured multiple six- and seven-figure recoveries in shooting cases against businesses, including the truck stop and convenience store settlements described below.
• We move fast to preserve evidence. Surveillance footage is often overwritten within days. We send preservation-of-evidence letters immediately and pursue spoliation remedies when businesses “lose” the video.
• Top security experts. We retain premises security and criminology experts who analyze crime data, industry standards, and staffing records to prove the danger was foreseeable.
• Trial-ready attorneys. Fob James, IV tries cases in state and federal courts across Alabama. Insurers pay more when they know your lawyer will pick a jury.
• No upfront fees. You pay nothing unless we win your case.

Our case results and client reviews speak for themselves.

What Is Negligent Security in Alabama?

Negligent security (sometimes called inadequate security) is the failure of a property owner or business to take reasonable steps to protect lawful visitors from foreseeable criminal acts. It is a branch of premises liability — the same body of law that governs slip and fall claims — but instead of a wet floor, the dangerous condition is crime the owner knew about and ignored.

Common security failures include:

• No security guards, or untrained and inattentive guards
• Broken gates, locks, or access-control systems left unrepaired
• Poor or missing lighting in parking lots, stairwells, and breezeways
• Surveillance cameras that are broken, fake, or never monitored
• Allowing known dangerous individuals onto the property
• Failing to respond to prior crimes, tenant complaints, or police warnings
• No emergency plan and failure to call 911 promptly

Importantly, the lawsuit is not against the criminal (who is often uninsured, unidentified, or in prison). It is against the property owner, management company, or security contractor whose negligence gave the criminal the opportunity — and whose commercial liability insurance can actually pay your damages.

Gun Violence and Negligent Security in Birmingham

Negligent security law matters in Alabama because of a hard local truth: Birmingham has lived through a historic wave of gun violence, much of it at commercial and residential properties that knew they had a problem.

• Birmingham recorded 152 homicides in 2024 — the city’s deadliest year since 1933 — before dropping to 88 in 2025, a ten-year low, according to reporting by AL.com and the Birmingham Times.
• Jefferson County saw 196 murders in 2024, and the overwhelming majority of homicides countywide involve firearms, per the Public Affairs Research Council of Alabama.
• 2024 alone brought multiple mass shootings at Birmingham nightlife venues — including the September 21, 2024 Five Points South shooting outside a Magnolia Avenue hookah lounge that killed four people and wounded 17, and a July 2024 shooting at a Birmingham lounge that left four dead.

Even as citywide numbers improve, violence remains concentrated at specific properties — certain apartment complexes, gas stations, clubs, and shopping centers where crime repeats itself year after year. Under Alabama law, that repetition is exactly what can make the next crime foreseeable — and the owner legally responsible.

What Do You Have to Prove in an Alabama Negligent Security Case?

Alabama applies one of the stricter standards in the country, and any lawyer who tells you these cases are easy is not being straight with you. The general rule is that a property owner owes no duty to protect people from the criminal acts of third parties — unless the plaintiff proves the case falls within a recognized exception.

Under Carroll v. Shoney’s, Inc., 775 So. 2d 753, 756 (Ala. 2000) (following Moye v. A.G. Gaston Motels, Inc., 499 So. 2d 1368, 1370 (Ala. 1986)), a victim must establish three things to impose a duty on the property owner:

1. The particular criminal conduct was foreseeable. Alabama courts require foreseeability of the particular type of crime — not just crime in general. Ex parte South Baldwin Regional Medical Center, 785 So. 2d 368, 370 (Ala. 2000).
2. The owner possessed “specialized knowledge” of the criminal activity. Prior similar incidents on the property, police call histories, tenant complaints, and internal security reports are how we prove what the owner knew.
3. The criminal conduct was a probability — not a mere possibility. Sporadic or unrelated crime in the general area is usually not enough on its own.

Once a duty is established, the case proceeds like other negligence claims: we prove the owner breached the duty by failing to take reasonable security measures, that the breach caused the attack or made it possible, and that you suffered damages.

Alabama courts have allowed negligent security claims to move forward where the property had a documented history of similar violence. In Nail v. Jefferson County Truck Growers Association, 542 So. 2d 1208 (Ala. 1988), the Alabama Supreme Court let a claim proceed against a Jefferson County flea market with a known history of violence after a gun battle injured patrons. And in New Addition Club, Inc. v. Vaughn, 903 So. 2d 68 (Ala. 2004), the Court applied the three-element test to a nightclub shooting — confirming that what the venue knew before shots were fired is the heart of the case.

For a deeper explanation of how courts analyze this element, read our guide: how Alabama courts decide whether a crime was foreseeable.

How We Prove the Property Owner Knew

The Carroll standard is demanding, which is why the investigation wins or loses these cases. Our firm builds foreseeability evidence from:

• 911 call and CAD records for the property address, obtained from police departments and sheriff’s offices
• Prior incident and offense reports documenting earlier shootings, assaults, robberies, and drug activity on the premises
• Crime-grid and CAP Index data — the same commercial crime-forecasting reports national property owners buy for themselves
• Internal records obtained in discovery: security assessments, incident logs, staffing schedules, work orders for broken gates and lights, and budget documents showing security was cut
• Security contracts between the owner and third-party guard companies, which define who was responsible for what
• Employee and former-employee testimony about what management knew and ignored
• Tenant complaints, prior lawsuits, and media coverage putting the owner on notice

Just as important: we act immediately to preserve surveillance video before it is overwritten and to document the scene before the owner quietly fixes the broken lock or burned-out lights.

Who Can Be Held Liable for Negligent Security in Alabama?

Depending on the facts, one or several parties may share responsibility:

• Property owners and landlords — apartment complexes, shopping centers, hotels, gas stations
• Property management companies that control day-to-day security decisions
• Private security companies whose guards were absent, untrained, or ignored the threat
• Bars, nightclubs, and lounges — and where alcohol was served to a visibly intoxicated person who then hurt someone, Alabama’s Dram Shop Act, Ala. Code § 6-5-71, can create an additional claim
• Event promoters and venue operators who failed to plan for known risks
• Government housing authorities and municipalities — these claims are possible but involve strict notice deadlines and statutory damage caps, so they demand immediate legal attention

Identifying every liable party — and every layer of insurance — is often the difference between a nominal settlement and full compensation.

Where Negligent Security Cases Happen in Alabama

In our experience, most Alabama negligent security cases arise from crime and gun violence at:

• Apartment complexes — the single most common setting. If you were hurt at your complex, read: Can you sue an apartment complex after a shooting in Alabama?
• Bars, nightclubs, lounges, and concert venues — see our guide to bar and nightclub shooting lawsuits in Alabama
• Gas stations and convenience stores
• Hotels and motels
• Shopping centers, malls, and big-box parking lots
• Parking decks and garages
• ATMs and check-cashing businesses
• Campuses, event venues, and fairgrounds

If you were shot anywhere in Alabama — whether or not the location is on this list — our shooting victim lawyers can evaluate every available civil claim.

How Property Owners and Insurers Fight These Cases

Expect the defense to argue:

• “We had no duty.” The owner claims the crime was random and unforeseeable. We answer with the police-call history and prior-incident evidence described above.
• The criminal act was a “superseding cause.” The defense blames only the shooter. Alabama law rejects this defense when the criminal act was the very thing the owner should have guarded against.
• Contributory negligence. Alabama is one of the last states where any negligence by the victim can completely bar recovery. Insurers weaponize this rule — claiming you “should have known better” than to be there. Building the record correctly from day one is how we take this defense away.
• Victim status. Owners owe less protection to trespassers than to invited guests, tenants, and customers, so the defense may attack why you were on the property.
• Blame-shifting between defendants. The owner blames the management company, who blames the security contractor. We sue every responsible party so they cannot point at an empty chair.

What Compensation Can You Recover?

Compensatory Damages

Alabama places no cap on compensatory damages in personal injury cases. Victims of negligent security can recover:

• All past and future medical expenses, including surgeries, rehabilitation, and mental health treatment
• Lost wages and diminished earning capacity
• Pain and suffering and mental anguish, including PTSD after a violent attack
• Permanent scarring, disfigurement, and disability
• Loss of enjoyment of life

Punitive Damages

Punitive damages punish wanton conduct and deter other property owners. In most Alabama injury cases they are capped at the greater of three times compensatory damages or $1.5 million (Ala. Code § 6-11-21).

Wrongful Death: Alabama’s Unique Rule

If your loved one was killed, Alabama is the only state where wrongful death recovery consists entirely of punitive damages under Ala. Code § 6-5-410 — and those damages are not capped. Juries award what is necessary to punish the wrongdoing, which is one reason negligent security death cases can result in very large verdicts against property owners who ignored known dangers.

Crime victims may also be eligible for supplemental help with medical bills and counseling through the Alabama Crime Victims’ Compensation Commission — we help clients pursue that alongside the civil case.

Case Result: Confidential Policy-Limits Settlement — Montgomery Convenience Store Shooting

THE CASE: Attorney Fob James, IV represented a father whose son was shot and killed at a convenience store on South Boulevard in Montgomery. The shooter was a known drug dealer whom the store had allowed to operate on the premises. Fob proved the store provided inadequate security despite clear knowledge of the danger, and navigated complex insurance-coverage disputes to secure the full available policy limits for the family.

RESULT: Confidential policy-limits settlement.

How Long Do You Have to File a Negligent Security Lawsuit in Alabama?

Two years sounds like a long time. It is not. Surveillance systems overwrite footage in days or weeks, witnesses scatter, and properties get sold or renovated. The single most important thing you can do for your case is get a lawyer working on evidence preservation immediately.

What to Do After Being Attacked on Someone Else’s Property

1. Call 911 and get medical care. The police report and medical records anchor your case — and injuries like gunshot trauma and head injuries can be worse than they first appear.
2. Photograph everything you safely can — the scene, broken gates or lights, your injuries, and torn or bloodied clothing (keep the clothing unwashed).
3. Get names and numbers of witnesses, including employees and security guards on duty.
4. Do not give a recorded statement to the property’s insurance company, and do not sign anything.
5. Write down what you remember while it is fresh, including any prior crimes or security problems you knew about at that location.
6. Call an Alabama negligent security lawyer before the surveillance video disappears. Consultations with our firm are free, and we can send an evidence-preservation demand the same day.

Frequently Asked Questions About Alabama Negligent Security Claims

What is negligent security under Alabama law?

Negligent security is a premises liability claim alleging that a property owner failed to take reasonable security measures against foreseeable criminal activity — and that failure allowed someone to be assaulted, shot, robbed, or killed on the property. The claim targets the owner, manager, or security company rather than the criminal.

Can I sue a property owner if I was shot or assaulted on their property in Alabama?

Possibly, yes. You must show the owner knew or should have known that this type of crime was likely — usually through prior similar incidents, police call histories, and internal records — and failed to take reasonable precautions like working locks, lighting, cameras, or security staff. An attorney can investigate whether that evidence exists at your location.

What do I have to prove in an Alabama negligent security case?

Under Carroll v. Shoney’s, Inc., 775 So. 2d 753 (Ala. 2000), you must prove the particular criminal conduct was foreseeable, the owner had specialized knowledge of the criminal activity, and the crime was a probability rather than a mere possibility. You must then prove the owner’s security failures caused your injuries and damages.

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

Generally two years from the attack for injury claims, and two years from the date of death for wrongful death claims. Claims against a city require a sworn notice within six months, and claims against a county must be presented within twelve months. Deadlines for minors are generally tolled until age 19.

What is the average settlement for a negligent security case in Alabama?

There is no meaningful “average” — outcomes range from modest settlements to seven- and eight-figure recoveries depending on the strength of the foreseeability evidence, the severity of injuries, and available insurance. Our firm’s results include an $825,000 truck stop shooting settlement and a confidential policy-limits recovery in a convenience store death case.

Who can be sued besides the property owner?

Property management companies, private security contractors, bars and clubs (including Dram Shop Act claims under Ala. Code § 6-5-71 when alcohol over-service is involved), event promoters, and in some cases government housing authorities. Suing every responsible party maximizes the insurance available to pay your claim.

Does it matter if the criminal was never caught or convicted?

No. Your civil case proceeds against the property owner regardless of whether the attacker is ever identified, arrested, or convicted. The criminal case and the civil case are entirely separate, with different standards of proof.

How much does a negligent security lawyer cost?

Nothing upfront. Fob James Law Firm handles negligent security cases on a contingency fee — we advance the costs of investigation and experts, and we are paid only a percentage of what we recover for you. If there is no recovery, you owe us no fee.

Contact An Alabama Negligent Security Lawyer Near Me

If you or someone you love was shot, assaulted, or killed because a property owner ignored a known danger, you deserve answers — and the evidence that proves your case is disappearing right now.

Call the Birmingham negligent security attorneys at Fob James Law Firm at 205-407-6009 or start your free case review online. We represent victims in Birmingham, Montgomery, Huntsville, Tuscaloosa, Mobile, Auburn, and throughout Alabama, and we never charge a fee unless we win.