Nashville Negligent Security Lawyers

Our Nashville negligent security lawyers can help bring justice to those injured at bars, nightclubs, restaurants, hotels, shopping centers, and other premises.

The experienced Nashville personal injury lawyers at DRS Law have the expertise to handle complex negligent security cases in Tennessee.

What is negligent security?

Negligent security is a form of premises liability, a legal theory which holds that a landowner or tenant may be liable for harm that comes to visitors on their property.

When a property owner invites or allows visitors onto their land, the owner must take reasonable precautions to protect their visitors from outside harm.

This duty includes exercising adequate security measures to protect their guests from third-party wrongdoers.

When a wrongdoer enters a property and causes harm to a lawful visitor, the injured visitor may be able to assert a Tennessee negligent security lawsuit against the property owner for failure to provide the guest with adequate security.

If you are robbed, hurt, or assaulted on someone else’s property, the landowner may be liable for your injuries due to their failure to provide you with adequate security. Our Nashville negligent security lawyers can help.

What legal duty do businesses and landowners have?

Whether a property owner’s security measures are deemed “adequate” will depend on the details of the situation. Considerations such as lack of security personnel, faulty gates or other protective barriers, and poor lighting in a parking lot are just a few of the factors that may contribute to a negligent security claim, but each of these factors is relative to the property owner’s duty of care.

“Duty of care” refers to a property owner’s responsibility to take reasonable measures to ensure that guests and visitors are not harmed on their property. The safety measures that a property owner is required to take will vary depending on what type of property, and what type of guests, are involved.

Historically, tort law recognized different types of “guests.”   The first type, a licensee, is an individual who has the owner or tenant’s permission to enter the property, often as a social guest. The second type, an invitee, is one who enters another’s property for reasons of conducting business, such as a customer at a shopping mall.

The Tennessee Supreme Court considered the duty of a business owner to protect guests from foreseeable criminal attacks on their premises in McClung v. Delta Square Limited Partnership.

In McClung, the plaintiff’s wife, a customer at a shopping center, was abducted from the parking lot, and later raped and murdered.

The Supreme Court in that case held that “the common-law classifications of one injured on land of another as an ‘invitee’ or ‘licensee’ are no longer determinative in Tennessee in assessing the duty of care owed by the landowner to the person injured; the duty owed is one of reasonable care under all of the attendant circumstances, foreseeability of the presence of the visitor and the likelihood of harm to him being one of the principal factors in assessing liability.”

Therefore, Tennessee negligent security lawsuits can arise when a business or property owner breaches its duty of care and an individual is harmed or assaulted in a shopping center, restaurant, hotel, or other commercial property.  Proving the existence of a legal duty requires a competent Nashville negligent security lawyer.

When are security measures inadequate?

Generally, allegation of inadequate security focus on the safety of the property.  These negligent security claims focus on surveillance footage, exterior lighting, landscaping, and the presence of security personnel.

As the Tennessee Supreme Court explained in McClung:  “By way of illustration, using surveillance cameras, posting signs, installing improved lighting or fencing, or removing or trimming shrubbery might, in some instances, be cost effective and yet greatly reduce the risk to the customer.”

Proving that a business or property had inadequate security requires a skilled Nashville negligent security.  The Nashville personal injury lawyers at David Randolph Smith & Associates can help examine your potential negligent security lawsuit.

What are some examples of Nashville negligent security lawsuits your firm has handled?

Our Nashville negligent security lawyers have handled several inadequate security lawsuits in Tennessee.

On January 24, 2018, our firm filed a hotel negligence lawsuit following an alleged rape at the Stadium Inn in Nashville, Tennessee.

On May 25, 2018, the Sixth Circuit Court for Davidson County, Tennessee allowed that negligent security lawsuit to proceed.

On July 14, 2017, our firm filed a sexual assault lawsuit against Command Center, Inc, alleging claims of inadequate security, among others.

We currently have several other Tennessee inadequate security lawsuits underway. Injuries sustained in these incidents include nightclub shootings, assaults in bars, assaults in hotels, and other unfortunate outcomes.

I’ve been injured on another’s property because of inadequate security. What should I do?

Call the Nashville negligent security attorneys and premises liability lawyers at DRS Law right away. We’ll evaluate your negligent security claim and offer fast, expert advice on what the next steps should be in your Tennessee negligent security lawsuit.



Over $500 Million
Recovered Since 1993

We've Helped Thousands of People Just Like You

We are known for getting life-changing results and fighting to make our communities safer.

Why Choose Us As Your Nashville Negligent Security Attorney

With us on your side, you can focus on what’s most important – your recovery.

Decades Of Experience

Decades Of Experience

Our Nashville attorneys have over 75 years of combined practice handling cases involving personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, and much more.

Excellent Reputation

Excellent Reputation

DRS Law is a well-respected law firm in Nashville and throughout the U.S. Founder, David Randolph Smith, has been selected as a Mid-South Super Lawyer, named one of the Top 100 attorneys in Tennessee in all fields of practice, and is included in the Best Lawyers in America guidebook.

Small Case Volume

Small Case Volume

Unlike many Nashville firms or lawyers that handle a large volume of cases, we concentrate our expertise on a select few cases. With this, our attorneys ensure that every step is taken to obtain the most favorable outcomes for our clients.

We Prepare For Trial

We Prepare For Trial

Every case is meticulously prepared for trial by our trial team and support staff in order to maximize the recovery for our client, whether by settlement or trial verdict. Our proven track record of success has resulted in multi-million-dollar settlements and judgments in a wide variety of individual and group cases.

What to Expect

Our Legal Services Are Completely Personalized To You And Your Unique Needs

01  Free Consultation

Our dedicated personal injury and accident lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.


02  Personalized Service

If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.

03  You Get Paid

We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.

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