Montana Negligent Security Attorney

Injured Because A Property Was Not Safe?

If you were assaulted, robbed, or attacked because a property was not reasonably secure, you may be wondering whether a negligent security lawyer in Montana can help you. The criminal act was not your fault, and in some situations, the property owner can be held responsible for failing to protect visitors from foreseeable danger.

At Hoyt & Blewett PLLC, we represent people across Montana who have been hurt in violent incidents at apartments, parking lots, hotels, bars, and other properties. We understand that you may still be in pain, anxious about your safety, and unsure what to do next. Our role is to answer your questions, explain your options, and shoulder the legal burden so you can focus on healing.

Our firm is a third-generation Montana personal injury firm that has built a statewide and national reputation by trying serious cases. Insurance companies here know we take cases to court when needed and that we have secured many of the largest personal injury verdicts in state history. 

To talk with our team about what happened to you, call (406) 233-1302 for a free, no-obligation consultation.

Various Forms of Security

"Security" is not a one-size-fits-all concept. The level of protection required depends entirely on the nature of the property and the history of the surrounding area. Common forms of security measures include:

• Physical Barriers: Functioning deadbolts, window locks, reinforced doors, and perimeter fencing.
• Surveillance Systems: High-definition security cameras (CCTV) that are monitored and maintained.
• Personnel: Trained security guards, bouncers at bars, or "doormen" in residential buildings.
• Environmental Controls: Adequate lighting in parking lots, stairwells, and alleyways to deter criminal concealment.
• Access Control: Electronic keycard systems, gated entries, and check-in desks to monitor who enters the premises.

When is Security Required?

In Montana, security is required when a crime is foreseeable. Property owners cannot claim they are not responsible for a "random act of violence" if there was a history of similar incidents on or near the property.

A court will often look at:

• Prior Incidents: Have there been recent calls to the police for assaults or thefts at this location?
• Crime Rates: Is the business located in a high-crime area?
• Nature of the Business: Is it a bank, a 24-hour convenience store, or a bar where altercations are more likely?

If the risk of crime was known—or should have been known—the owner has a legal obligation to implement reasonable security measures.

Examples of Negligent Security

Negligent security occurs when a property owner’s "want of ordinary care" results in a dangerous environment. Common examples we see at Hoyt & Blewett PLLC include:

• Broken Locks: An apartment complex fails to fix a broken front gate, allowing a non-resident to enter and assault a tenant.
• Burned-out Lights: A shopping mall parking lot has dark zones where a patron is mugged because the management failed to replace light bulbs.
• Lack of Staffing: A bar or nightclub fails to hire enough security despite a history of violent fights between patrons.
• Faulty Cameras: A hotel has security cameras installed, but they are not plugged in or recording, failing to provide a deterrent or evidence.
• Failure to Warn: A business owner knows of a recent string of robberies in the parking lot but fails to warn customers or increase patrols.

Who is Liable for Inadequate Security?

Liability in a Montana negligent security case can extend to several parties depending on who was responsible for the management and safety of the property:

• Commercial Property Owners: Owners of shopping centers, malls, and office buildings.
• Business Operators: Store owners or restaurant managers who lease a space and are responsible for daily operations.
• Property Management Companies: Firms hired to oversee maintenance and security for apartment complexes or HOAs.
• Security Firms: Third-party companies hired to provide guards or monitoring services if they performed their duties poorly.
• Hotels and Motels: Hospitality providers who fail to secure guest rooms or common areas.

Negligent Security FAQs

How do I prove a negligent security case in Montana?

To succeed, your Montana negligent security lawyer must prove four elements:

1. The defendant owed you a duty of care (you were a lawful visitor).
2. The defendant breached that duty (failed to provide adequate security).
3. The breach caused your injuries (the crime was foreseeable and preventable).
4. You suffered actual damages (medical bills, trauma, lost wages).

What is the Statute of Limitations for these claims?

In Montana, the statute of limitations for most personal injury claims based on negligence is three years from the date of the incident (MCA § 27-2-204). However, if the incident involved an assault or battery, certain components of the claim may have a two-year limit. It is vital to consult with Hoyt & Blewett PLLC as soon as possible to preserve evidence.

Can I still sue if the criminal was never caught?

Yes. A negligent security lawsuit is a civil action against the property owner, not a criminal case against the attacker. While the criminal is responsible for the act, the property owner is responsible for the environment that allowed the act to happen. You do not need a criminal conviction to pursue a civil settlement.

What kind of compensation can I recover?

Victims can seek "damages" for:

• Emergency room and ongoing medical expenses.
• Mental health counseling and therapy for PTSD.
• Lost wages and loss of future earning capacity.
• Pain and suffering and emotional distress.
• Property damage (stolen or destroyed items).

Why Choose Us For Negligent Security

Negligent security cases are often complex. They can involve large apartment companies, national hotel brands, bars, or shopping centers, and multiple insurance carriers. These defendants hire sophisticated legal teams and usually will not offer fair compensation unless they know you have lawyers who are fully prepared to go to trial.

Our firm has obtained many of the top personal injury verdicts in Montana, including the largest reported individual personal injury settlement in state history at 27 million dollars. We have also secured a 21.35 million dollar malicious prosecution verdict, an 11 million dollar construction accident settlement, a 9.79 million dollar railroad crossing verdict, a 7 million dollar personal injury verdict, and a 6.5 million dollar wrongful death settlement. Results like these show that when the evidence supports it, we know how to present serious cases to juries and negotiate from a position of strength.

Managing partner Zander Blewett is the only lawyer from this state admitted to the Inner Circle of Advocates and to the Lawdragon Hall of Fame. All four of our partners were the only Montana lawyers named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers in America for 2022. These honors come from outside organizations and reflect how judges, juries, and opposing counsel view our trial work.

Call (406) 233-1302 to speak with our team about a potential negligent security claim.