Find a negligent security lawyer in Tempe: when a property owner can be liable

Can I sue a property owner in Tempe after being attacked?

Sometimes, and it is harder here than in many states. The Arizona Supreme Court has said that foreseeability is not a factor in deciding whether a duty exists. So showing that crime was likely is not enough at the start. A duty comes from a special relationship or from public policy.

Landlord and tenant is the clearest example. Arizona landlords must keep common areas clean and safe. Other places, such as bars, hotels and shopping centers, depend on the facts. Ask a lawyer to look at the exact relationship between you and the business.

Everyone's fault counts. A jury weighs all the people who contributed, even someone never sued, including the attacker. Each defendant pays only its own percentage. So a jury that puts most of the blame on the attacker can shrink what the owner pays by a lot. Be ready for that conversation.

What security rules apply to Tempe apartments and bars?

Tempe says it is the first Arizona city with a drink spiking ordinance. We did not find a published Tempe rule that sets how many guards a bar must have. That does not end a claim, but it means your case will rest on the facts of that night and on any promises the business made.

On ASU property, a notice of claim goes to the Arizona Board of Regents, not ASU. On city property, it goes to the City Clerk within 180 days.

How do I prove a Tempe property had a crime problem?

1. Get the police report. Ask Records online through JustFOIA or by email at [email protected].
2. Look at the Tempe crime map, which police point the public to, for recent incidents nearby.
3. Ask for calls for service and General Offense data for that address. Tempe publishes it as open data.
4. Write to the owner or manager and ask them to save video, guard logs and gate records.
5. Take photos of broken gates, dark lights and missing locks the same day, before repairs.
6. Find out who owns the building. County rental registration helps, and so does your lease.

Past calls can help show a pattern, even if foreseeability alone does not create a duty. Treat them as one piece of the case.

Where can a crime victim in Tempe get help right now?

• CARE 7 gives free, confidential support, including for students and visitors. CARE and HOPE line: 480-350-8004.
• The county's list gives Tempe victim services as 480-350-8270.
• Arizona's compensation fund can cover medical costs, counseling, lost wages and more.
• You apply through the county attorney's office. It does not require that anyone be caught. It pays only after other sources.

Who pays in a Tempe negligent security case?

Usually the property owner's or manager's liability insurer, if there is a duty and it was broken. A security company hired for the property may be a separate party. The attacker almost never has money or insurance for this. A clause in your lease saying the landlord is not responsible does not excuse liability the law places on the landlord.

Your own share of fault cuts the award. An insurer may bring up drinking, walking alone or leaving a door open. Do not argue about it with an adjuster. Stick to the facts.

How long do I have to file in Tempe?

What should I ask a negligent security lawyer in Tempe?

• Do you think a duty exists under Arizona's Quiroz rule in my situation?
• How would a jury divide the fault between the attacker and the owner?
• How will you get the property's video before it is written over?
• Is the property public, and is the 180-day deadline running?

Questions