Negligent Security

Negligent Security Attorney in Des Moines

Iowa’s Largest Plaintiff Firm, Ready to Take Your Case to Trial

When a property owner fails to provide reasonable security and someone is attacked as a result, Iowa law allows the victim to hold that owner accountable. Negligent security is a premises liability claim: the property owner had a duty to protect lawful visitors from foreseeable criminal harm, failed to meet it, and someone was hurt. LaMarca Law Group, P.C. represents Des Moines residents and others throughout the surrounding area who have been injured because of inadequate security conditions.

Our firm has over 100 years of combined experience in personal injury and premises liability work. As the largest plaintiff law firm in Iowa, we take on powerful property owners, commercial landlords, and their insurers, and we’re prepared to go to trial when a fair resolution isn’t offered.

If you or someone you love was injured due to inadequate security at a Des Moines property, call us today at (515) 705-0233 for a free, confidential consultation.

Why Des Moines Victims Choose LaMarca Law Group, P.C.

Negligent security cases pit injured individuals against well-resourced property owners and the insurance companies defending them. Our team includes attorneys, accountants, and investigators working together in-house from the first intake call through final resolution. That structure gives us the investigative depth to build strong claims and the courtroom capacity to see them through.

Our track record reflects that depth. We secured a $2.74 million settlement for a client seriously injured in downtown Des Moines and a $4.3 million trial court ruling against the Iowa Department of Transportation. Past results don’t guarantee the outcome of any individual case, but they demonstrate our willingness to take on difficult defendants and pursue full accountability.

Our attorneys hold an AV Preeminent rating from Martindale-Hubbell and have been recognized by the Million Dollar Advocates Forum, the Top 100 National Trial Lawyers, and the American Board of Trial Advocates.

Start with a Free Consultation

If you have a potential negligent security claim in Des Moines or the surrounding area, including West Des Moines, reach out to us before speaking with any insurer or property representative.

Consultations are free and completely confidential. Call LaMarca Law Group, P.C. at (515) 705-0233 to speak with a Des Moines negligent security attorney today.

Where Negligent Security Incidents Happen in Des Moines

Negligent security claims can arise on virtually any property where the public is invited or residents are housed. What these locations share is a duty to address foreseeable criminal risk. When they don’t, and someone is attacked, the property owner may be liable.

Common settings for negligent security claims include:

Apartment complexes and rental properties: Broken entry latches, unlit parking areas, and non-functioning security cameras leave residents exposed to criminal activity that management knew or should have known was a risk.
Parking lots and garages: Inadequate lighting, absent surveillance, and no security personnel create conditions that attract criminal activity.
Bars, nightclubs, and entertainment venues: Failure to control violent patrons or to employ trained security staff can result in serious assaults on customers.
Hotels and motels: Properties in high-crime corridors that lack functioning door locks, adequate lighting, or on-site security personnel expose guests to preventable harm.
Retail stores and shopping centers: Management awareness of prior theft, assault, or threats without any protective response can establish liability when a customer is injured.
Hospitals, universities, and schools: These institutions serve vulnerable populations and carry a corresponding obligation to maintain adequate security measures.

Security failures underlying these claims follow familiar patterns: malfunctioning or absent surveillance cameras, no security personnel or undertrained staff, broken entry doors and locks, and insufficient lighting in stairwells, hallways, and parking areas.

Injuries & Compensation in Negligent Security Cases

Attacks caused by inadequate security often produce serious, lasting harm. Common physical injuries include traumatic brain injuries from assaults, broken bones, stab wounds, gunshot wounds, nerve damage, and injuries sustained while fleeing an attacker. These injuries frequently require hospitalization, surgery, and long-term rehabilitation.

Psychological harm is just as real. Post-traumatic stress disorder, anxiety, and a diminished sense of personal safety are common outcomes that often require ongoing treatment well after physical injuries have healed.

Iowa law allows victims to pursue compensation for:

Medical expenses, including hospitalization, surgery, medication, and rehabilitation
Lost wages and diminished future earning capacity
Pain and suffering
Emotional distress
Wrongful death damages for surviving family members when an attack proves fatal

One point that often surprises victims: a criminal prosecution against the attacker doesn’t produce financial recovery for you. A civil negligent security claim against the property owner is a legal mechanism for seeking compensation. The two proceedings are completely independent of each other.

Iowa Law & Negligent Security Claims

Negligent security claims in Iowa fall under premises liability law. To prevail, a victim must establish four elements: the property owner owed a duty of care to provide reasonable security; the owner breached that duty by failing to implement adequate measures; the breach caused the victim’s injuries; and the victim suffered calculable damages as a result.

A key development from the Iowa Supreme Court shapes how that duty applies. In 2009, the court abolished the traditional invitee/licensee distinction, meaning property owners now owe a uniform duty of reasonable care to all lawful visitors, regardless of why they’re on the property. Criminal activity is treated as a dangerous condition under Iowa premises liability law, the same as a physical hazard like a broken step.

Foreseeability is at the center of most negligent security disputes. A property owner who knew or should have known about prior criminal activity on or near the premises, whether from crime statistics, police reports, or prior incidents at the location, faces a heightened obligation to take protective action. Failure to act on that knowledge is what can transform a third-party attack into the property owner’s legal liability.

How We Build a Negligent Security Case

Building a strong claim requires moving quickly and gathering the right evidence. Our investigators work to collect police reports, medical records, surveillance footage, witness statements, and documentation of the security conditions at the time of the attack. Evidence of prior criminal activity at or near the property is particularly important in establishing foreseeability.

Iowa follows a modified comparative fault standard under Iowa Code Chapter 668. A property owner’s defense team may argue that you share some responsibility for what happened. Under this rule, your recovery is reduced by your percentage of fault, and a victim found more than 50% at fault can’t recover at all. Our role includes building a factual record that counters those arguments from the outset, not after a statement has already been given to an insurer.

When a fair settlement isn’t on the table, we’re prepared to take your case to trial.

Iowa’s Two-Year Deadline & Why Early Action Matters

Iowa’s statute of limitations for personal injury claims, including negligent security, is two years from the date of injury. Missing that deadline generally eliminates the right to recover damages entirely, regardless of how strong the underlying claim is.

That two-year window is a ceiling, not a planning horizon. Evidence degrades fast. Surveillance footage is routinely overwritten within days. Incident reports get filed away or lost. Witnesses’ recollections fade. Security conditions at the property may be altered or corrected before anyone documents what they looked like at the time of the attack. The sooner we can begin gathering and preserving that evidence, the stronger the record you have to work from.

Property owners and their insurers often reach out to victims quickly, sometimes before the victim fully understands what happened or what their claim may be worth. Statements given at that stage can be used to reduce or deny a later claim. When you work with us from the beginning, we handle those communications so you don’t face that risk.

If you were injured because of inadequate security at a Des Moines property, contact LaMarca Law Group, P.C. at (515) 705-0233. The consultation is free and confidential.

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