Can You Sue for Negligent Security After an Attack in Illinois?

 Posted on July 29, 2026 in Car Accidents

Based on reported data, the FBI estimates that a violent crime occurred, on average, every 25.9 seconds nationwide in 2024. If you were attacked, robbed, or assaulted on someone else's property, you may be able to hold the property owner responsible if inadequate security contributed to the attack. This is called a negligent security claim. It applies when an owner fails to provide reasonable protection, such as working lights, secure locks, or trained staff, especially when a crime was foreseeable. 

If you were hurt because of poor security in 2026, an experienced Glenview, IL personal injury attorney can help you find out whether your case qualifies for a premises liability claim.

What Makes a Property Owner Liable for a Negligent Security Claim in Illinois?

The Illinois Premises Liability Act, 740 ILCS 130, generally requires property owners and occupiers to use reasonable care for the safety of lawful visitors. However, property owners do not automatically have a duty to protect visitors from third-party criminal acts.

A duty may exist when the law recognizes a special relationship, such as between a business and its customers, and the crime was reasonably foreseeable. A duty may also arise when a property owner voluntarily provides security but does so negligently. Reasonable security measures can include repairing broken locks, fixing lights in parking lots and stairwells, or keeping security cameras in working order.

There are several ways you may be able to prove that something was foreseeable. Reports of an immediate threat, complaints about broken locks and other safety problems, or even the fact that similar crimes happened at the property can all help. The injured person must also show that the security failure contributed to the injuries.

Reasonable care does not mean a property owner must guarantee your safety. Illinois law does not expect owners to eliminate all risk of crime, only to take reasonable steps once a danger becomes foreseeable. A property with no history of violence and no warning signs may not trigger this duty at all, even if a crime eventually occurs there.

Liability is not always limited to the property owner alone. A property management company may share responsibility if it controlled day-to-day security decisions. A hired security contractor may be liable if its own negligence contributed to the attack.

How Does Comparative Fault Affect a Negligent Security Claim in Illinois?

A property owner may argue that the injured person also acted carelessly. This can happen if they demonstrate that the person ignored a clear warning or entered an area that was closed to visitors. Whether that conduct contributed to the injuries depends on the facts. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116.

You may still recover damages if you are found less than 51 percent at fault for what happened. Your compensation will be reduced in proportion to your percentage of fault. If you are found more than 50 percent at fault, you cannot recover any compensation.

Prior incident reports, lighting conditions, and security records can help establish that the property owner carried the greater share of responsibility. This strengthens your position if the owner attempts to shift responsibility onto you.

What Compensation Can You Recover in an Illinois Negligent Security Case?

Illinois law allows victims of negligent security to recover several types of damages. A successful claim can cover the immediate costs of the attack as well as its lasting effects on your life. 

Compensation in negligent security cases can include:

• Medical expenses for emergency treatment, surgery, and follow-up care

• Lost wages from time away from work during recovery

• Pain and suffering tied to physical injuries

• Emotional distress from the trauma of the attack

• Future medical costs if the injuries require long-term treatment

The exact amount depends on your injuries and on how much the security failure contributed to the attack.

Illinois law generally gives injury victims two years to file a lawsuit. Under 735 ILCS 5/13-202, the deadline usually begins when the attack occurs. Shorter deadlines or limited exceptions may apply in some cases. It is important to know your deadline. Missing it can prevent you from recovering compensation.

Contact Our Glenview, IL Premises Liability Attorneys for a Free Consultation

If you were hurt because a property owner failed to provide reasonable security, experienced Cook County, IL negligent security lawyers at Gruzmark Law, Ltd. can help. We speak Russian and Mongolian. Call 847-729-7660 today to schedule a free consultation.