If you were assaulted, robbed, or attacked on someone else’s property in Salina, you may have the right to hold the property owner accountable. Negligent security is a type of premises liability claim that allows victims of violent crimes to pursue compensation from property owners who failed to provide reasonable security measures.
The person who attacked you is responsible for the violence, but the property owner who ignored known risks may share legal liability for your injuries. At Bretz Injury Law, our Salina office is located at 100 N 7th St., Ste 207. Call (785) 268-4968 for a free, confidential consultation.
Negligent Security Attorneys Serving Salina
Bretz Injury Law represents victims of assault, robbery, and violent attacks who were harmed because a property owner in Salina or Saline County failed to provide adequate security. These claims are civil lawsuits, entirely separate from any criminal case, and they do not require the attacker to have been identified or convicted.
Salina sits at the intersection of I-70 and I-135, and that crossroads brings a steady flow of travelers through the city’s hotels, gas stations, and truck stops. Saline County recorded 239 violent crimes in 2024, and Salina’s overall crime rate is higher than 96% of communities statewide according to NeighborhoodScout data.
Residents face a 1 in 206 chance of becoming a violent crime victim each year.
A negligent security claim allows you to pursue compensation directly from the property owner whose inaction contributed to the conditions that made the attack possible.
Without an Attorney vs. With Bretz Injury Law
Property owners and their insurers defend negligent security claims by attacking the victim’s choices. They will argue that you were at the property voluntarily, that you ignored signs of danger, or that your own actions contributed to what happened. The goal is to raise your fault percentage high enough to reduce or eliminate your right to compensation under Kansas law.
Recovering from a violent attack is difficult enough without the added pressure of fighting an insurance company that is looking for reasons not to pay. You deserve support during this process, not resistance.
When you have an attorney handling your claim, the focus shifts to the property owner. Your lawyer will investigate prior incidents at the location, pull police records, obtain security camera footage, and document every failure that allowed the conditions leading to the attack. Without that investigation, most claims get denied.
Types of Cases We Handle in Salina
At Bretz Injury Law, we handle negligent security cases at properties and venues throughout Salina, from apartment assault claims to attacks at businesses along the I-70 and I-135 corridors.
Apartment complex assaults are among the most common cases we see, particularly at properties where basic security measures have been neglected or ignored. Salina’s position as a major highway interchange brings heavy traffic through its hotels, motels, truck stops, and gas stations.
Hotel assault cases at these properties produce valid claims when the owner failed to maintain functioning room locks, exterior lighting, or security cameras.
We also represent victims of convenience store robberies, parking lot attacks at shopping centers with inadequate lighting, and bar or restaurant violence where the property failed to provide reasonable crowd control or security. Workplace violence claims are another case type we handle, particularly at businesses with late-night operations where the risk of robbery is elevated.
How Kansas Law Affects Your Negligent Security Case
Kansas premises liability law imposes a duty on property owners to provide reasonable security for anyone lawfully on their property. A negligent security claim requires you to prove four elements: the property owner owed you a duty of care, the owner breached that duty by failing to provide adequate security, that breach caused or contributed to the attack, and you suffered damages as a result.
Foreseeability ties these elements together. If the property owner knew or should have known that criminal activity was likely at the location and did nothing to address it, the owner is liable for the resulting harm.
Kansas follows a modified comparative fault system under K.S.A. 60-258a, which reduces your compensation by your percentage of fault and bars recovery entirely if your fault reaches 50% or more.
You have two years from the date of the attack to file a claim under K.S.A. 60-513.
Foreseeability and Prior Criminal Activity
Foreseeability is the legal standard that determines whether a property owner should have anticipated the risk of a violent crime occurring on their property. Courts examine the history of criminal activity at the location, including prior assaults, robberies, break-ins, drug activity, and calls to police.
A property in Salina with a documented pattern of criminal incidents creates a much stronger negligent security claim than one with no recorded history.
Physical characteristics of the property also support foreseeability. Burned-out exterior lights, broken locks, missing security cameras, overgrown landscaping that blocks sightlines, and unmonitored entry points all indicate that the owner was not taking reasonable steps to protect the people on their property.
The Invitee and Licensee Framework
Kansas law assigns different levels of duty depending on the visitor’s legal status on the property. Invitees, a category that includes hotel guests, apartment tenants, store customers, and restaurant patrons, are owed the highest duty of care. The property owner must actively inspect for hazards, address known dangers, and take reasonable steps to keep invitees safe from foreseeable harm.
Licensees, such as social guests or delivery workers, are owed a medium duty of care that includes warnings about known hidden dangers. Trespassers are owed only the duty to avoid intentional or reckless harm under K.S.A. 58-821.
In the vast majority of negligent security cases, the victim entered the property lawfully as an invitee, which means the property owner is held to the highest standard of care.
Comparative Fault and the “Blame the Victim” Defense
Insurance companies defending negligent security claims routinely argue that the victim shares responsibility for what happened. Under K.S.A. 60-258a, your compensation is reduced by whatever percentage of fault a jury assigns to you, and if that percentage reaches 50% or more, Kansas law bars you from recovering anything.
Adjusters may claim you chose to visit the property, that you stayed too late, or that your own conduct invited the attack. An experienced attorney counters these arguments by presenting evidence that the property owner knew about the risk and failed to act. When police reports, prior incident records, and security audit failures point to the owner, the victim-blaming defense falls apart.
Who Can Be Held Liable for Negligent Security in Salina?
Multiple parties can owe a duty of care in a negligent security case, and liability depends on who owned, managed, or controlled the property where the attack occurred. Identifying every responsible party increases the total compensation available to you because each defendant may carry separate insurance coverage.
In many cases, the property owner is not the only defendant. Management companies, third-party security firms, employers, and government entities can all share liability when their failure to provide reasonable security contributed to the conditions that allowed the crime to happen. Kansas law provides separate legal paths for claims against private parties and government entities, and your attorney will determine which framework applies.
Property Owners and Management Companies
Property owners and the management companies they hire are the most common defendants in negligent security cases in Salina. A landlord who ignores tenant reports of break-ins, assaults, or drug activity in and around the building can be held liable when a subsequent attack occurs on the property.
Management companies that fail to maintain basic security infrastructure share that liability. In many apartment complexes and hotel properties, the management company handles day-to-day security decisions while the owner collects rent, and both can be named as defendants in the same lawsuit.
Security Companies and Employers
Third-party security companies can be held liable when their guards failed to perform the duties outlined in their contract with the property owner. A security company that staffed unqualified guards, left posts unmanned, or failed to follow established patrol protocols can be sued directly for its role in enabling the attack.
Employers may also face liability for workplace violence when they failed to address known threats or provide security for employees working late-night or early-morning shifts. Employer liability frequently arises at convenience stores, gas stations, and truck stops in Salina where the risk of robbery is highest during overnight hours.
Government Entities and the Kansas Tort Claims Act
Government entities in Kansas can be sued for negligent security under the Kansas Tort Claims Act, K.S.A. 75-6101 et seq. This includes the City of Salina, Saline County, school districts, and state agencies that own or operate public facilities where visitors are harmed due to inadequate security.
Public parks, recreation facilities, and government-operated buildings in Salina all fall under this framework. Government claims carry special notice requirements and shorter procedural deadlines than claims against private property owners, which is why reaching out to an attorney as early as possible protects your right to file.
What Compensation Can Negligent Security Victims Recover?
Victims of negligent security in Salina can recover both economic and non-economic damages through a civil lawsuit against the property owner or other liable parties. The total value of your claim depends on the severity of your physical injuries, the psychological impact of the attack, and how the incident has affected your ability to work and live your daily life.
Economic damages cover medical expenses, emergency treatment, surgeries, and ongoing physical rehabilitation. Mental health treatment is also recoverable, including therapy and counseling for PTSD, anxiety, depression, and the lasting trauma that violent attacks produce. Lost wages and lost earning capacity are included when the attack has affected your ability to return to work.
Non-economic damages address pain and suffering, emotional distress, loss of your sense of personal safety, and disfigurement. When a negligent security incident is fatal, surviving family members may file a wrongful death claim. In cases where the property owner’s failure to act was extreme or willful, punitive damages may also apply.
How Bretz Injury Law Can Help
Bretz Injury Law has a physical office in Salina at 100 N 7th St., Ste 207, and attorney Matt Bretz has been representing injured Kansans for more than 30 years. Our firm has recovered over $300 million for clients across the state, and we bring that same preparation and resources to every negligent security case we handle in Saline County.
You pay nothing unless we recover compensation for you, and that guarantee is in writing. Call (785) 268-4968 for a free, confidential consultation. We listen, we believe you, and we fight for you. Hablamos español.