When someone is injured or killed due to a violent crime at an apartment complex, hotel, shopping center, or workplace, the trauma is overwhelming. But when that harm could have been prevented by better security—like working locks, lighting, or surveillance—the pain is compounded by the knowledge that someone failed to protect you or your loved one.
In Mississippi, victims of assaults, shootings, and other crimes may have the right to file a negligent security lawsuit against the property owner or manager. But time is limited. If you wait too long, you may lose your right to compensation entirely.
At Barrett Law, PLLC, Jonathan Barrett has spent decades helping Mississippi families hold negligent property owners accountable. If you or someone you love was harmed due to inadequate security, this article will explain how long you have to act—and how we can help you fight for justice.
What Is a Negligent Security Claim?
Negligent security is a type of premises liability claim. It arises when a property owner or manager fails to take reasonable steps to protect lawful visitors from foreseeable criminal acts. Common examples include:
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A tenant shot in a poorly lit apartment parking lot
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A hotel guest assaulted due to a broken door lock
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A shopper attacked in a mall with no security patrols
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An employee injured during a robbery at an unsecured workplace
In these cases, the property owner may be legally responsible for failing to provide adequate security measures.
Mississippi’s Statute of Limitations: 3 Years for Most Claims
In Mississippi, the general statute of limitations for personal injury claims—including negligent security—is three yearsfrom the date of the injury. This means you have three years to file a lawsuit against the responsible party.
Failing to file within this timeframe can result in losing your right to seek compensation, regardless of the severity of your injuries or the property owner’s negligence.
Exceptions to the Three-Year Rule
While the three-year statute of limitations applies to most negligent security claims, there are exceptions:
Claims Against Government Entities
If your claim is against a government entity (e.g., a public housing authority), you must:
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File a notice of claim within 90 days of the incident.
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File the lawsuit within one year of the incident.
These timeframes are strictly enforced, and missing them can bar your claim entirely.
Claims Involving Minors or Mental Incapacity
If the injured person is a minor or mentally incapacitated at the time of the incident, the statute of limitations may be tolled (paused) until:
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The minor reaches the age of majority (18 years old).
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The incapacitated person regains mental capacity.
However, there are limits to how long the statute can be tolled, so it’s essential to consult with an attorney promptly.
Who Is Affected and Why It Matters
Victims of negligent security incidents often suffer:
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Physical injuries: from minor wounds to life-threatening conditions.
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Emotional trauma: including PTSD, anxiety, and depression.
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Financial burdens: due to medical bills, lost wages, and ongoing therapy.
These incidents can occur in various settings:
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Apartments: tenants assaulted due to broken locks or inadequate lighting.
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Hotels: guests harmed because of insufficient security personnel.
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Shopping centers: patrons attacked in poorly monitored parking lots.
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Workplaces: employees injured during robberies due to lack of security measures.
Holding property owners accountable not only provides compensation for victims but also encourages safer environments for everyone.
Legal Obligations Under Mississippi Law
Property owners in Mississippi have a duty to:
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Maintain safe premises: ensuring areas are free from foreseeable dangers.
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Implement reasonable security measures: such as adequate lighting, functioning locks, and security personnel when necessary.
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Respond to known risks: addressing previous incidents or threats promptly.
Failure to meet these obligations can result in liability for any resulting injuries.
Practical Steps for Potential Claimants
If you believe you have a negligent security claim:
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Seek Medical Attention: Prioritize your health and document all injuries.
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Report the Incident: Notify property management and law enforcement.
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Document Everything: Take photos, gather witness information, and keep records of all communications.
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Avoid Speaking to Insurance Adjusters Alone: They may attempt to minimize your claim.
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Consult an Attorney Promptly: Legal guidance is crucial to navigate the complexities of your case and ensure timely filing.
Negligent Security Frequently Asked Questions
What is negligent security?
Negligent security refers to a property owner’s failure to implement reasonable safety measures, leading to harm from foreseeable criminal acts.
Who can be held liable in a negligent security case?
Potentially liable parties include property owners, managers, security companies, and tenants responsible for maintaining safety.
What types of damages can I recover?
Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other related costs.
How do I prove a negligent security claim?
Evidence may include incident reports, surveillance footage, witness statements, and records of prior similar incidents on the property.
Does the crime need to have occurred on the property?
Generally, yes. The incident must have occurred on or near the property where the owner had a duty to provide security.
Can I file a claim if I was trespassing?
Trespassers have limited rights, but property owners cannot willfully harm them. Consult an attorney to assess your specific situation.
What if the perpetrator was never caught?
You can still pursue a claim against the property owner if their negligence contributed to the conditions that allowed the crime to occur.
Is there a difference between civil and criminal cases in this context?
Yes. Criminal cases are prosecuted by the state, while civil cases seek compensation for victims through lawsuits.
Can I file a claim if the incident happened years ago?
Possibly, if it falls within the statute of limitations or qualifies for an exception. Consult an attorney to determine eligibility.
How long does a negligent security lawsuit take?
The duration varies based on case complexity, but many cases settle within months to a few years.
Harmed on an Apartment Complex in Mississippi? Call Mississippi Apartment Injury Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If you or a loved one has been injured due to negligent security in Mississippi, time is of the essence. At Barrett Law, PLLC, we are committed to helping victims seek the justice and compensation they deserve.
We represent clients throughout Mississippi, including but not limited to:
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Mississippi Gulf Coast
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Central Mississippi
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Southern Mississippi
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Northern Mississippi
Cities we serve include Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
📞 Call us 24/7/365 at (601) 790-1505 for your FREE consultation. Let us help you take the first step toward recovery and justice.
