Negligent Security Attorney in Fort Wayne

30 Years of Indiana Premises Liability Trial Experience. Only Three Defense Verdicts.

When someone is hurt by a criminal act at a store, bar, apartment complex, or parking lot, the property owner may be legally responsible. Negligent security is a branch of premises liability law: Indiana holds business owners and property managers accountable when they fail to protect invitees from foreseeable harm caused by third parties. At Shaw Law, we handle these cases for injured people throughout Indiana, including Fort Wayne and Allen County.

We’ve focused on premises liability cases involving business property for more than 30 years. The Indiana Supreme Court has made negligent security claims harder to pursue than ever, requiring careful analysis of foreseeability, duty, and the injured person’s status on the land. That legal complexity is exactly why working with attorneys who have handled dozens of these cases specifically makes a difference.

Let Shaw Law help you defend your rights and interests. Schedule your consultation by calling our office at (260) 777-7777 today.

Where Negligent Security Incidents Happen in Fort Wayne

Negligent security claims arise across a wide range of business properties. The common thread is a property owner who failed to take reasonable steps to protect people on the premises from a foreseeable criminal act.

Common locations for negligent security incidents:

• Bars and taverns
• Retail stores and shopping centers
• Apartment complexes and rental properties
• Hotels and motels
• Nightclubs
• Parking lots and parking garages
• College campuses

The criminal acts that generate these claims include assault and battery, robbery, sexual assault, shootings, and break-ins. In many cases, the property owner had prior notice of criminal activity on or near the premises and failed to respond. Inadequate lighting, broken or absent surveillance systems, missing locks, and the absence of trained security personnel are the failures most commonly cited in Indiana premises liability claims.

Indiana’s Legal Standard for Negligent Security Claims

Whether a business owner owed a legal duty to the person injured depends on foreseeability, and Indiana courts evaluate that question in a specific way. Under Goodwin v. Yeakle’s Sports Bar and Grill, Inc. (2016), 62 N.E.3d 384, foreseeability in the duty analysis is a general threshold inquiry, not a fact-specific examination of the exact attack that occurred. The court focuses on the broad class of persons of which the injured person was a member and whether the type of harm suffered was the kind a reasonable person would take precautions to prevent.

Duty of Care & Foreseeability

Indiana law recognizes two levels of duty that can arise. The first is a general duty to protect an invitee from harm. The second is a specific duty that arises when the facts show a known probability or likelihood of harm. See Rogers v. Martin (2016), 63 N.E.3d 316, 323. What the property owner knew and had reason to know is central to both inquiries. Hamilton v. Steak ’n Shake Operations, Inc. (2018).

Invitees, customers and patrons invited onto business premises for a commercial purpose, are owed the highest duty of care under Indiana law. When foreseeability is factually intertwined with the duty question, the determination becomes a mixed question of law and fact for the trial court. Rhodes v. Wright (2004), 805 N.E.2d 382; Helmchen v. White Hen Pantry (1997), 685 N.E.2d 180. The injured person’s status on the land as an invitee or licensee is itself a question for the court, not the jury. Winfrey v. NLMP, Inc. (2012), 963 N.E.2d 609.

Indiana’s Modified Comparative Negligence Rule

Indiana follows a modified comparative negligence rule under Ind. Code 34-51-2. A property owner’s defense will often attempt to assign partial fault to the injured person. Recovery is barred only if the injured person is found 51% or more at fault, so partial fault doesn’t end the case.

Damages Available to Fort Wayne Negligent Security Victims

A negligent security claim can recover two categories of compensation. Economic damages cover measurable financial losses: medical bills, rehabilitation costs, lost wages, and property damage. Non-economic damages address losses that don’t come with a receipt: pain and suffering, mental anguish, and loss of quality of life. Indiana courts instruct juries to assess non-economic damages reasonably rather than by formula.

A claim may be brought against the property owner who failed to provide adequate security, the individual who committed the criminal act, or both. Indiana’s two-year statute of limitations under Ind. Code 34-11-2-4 applies, and the clock typically begins on the date of the incident. Missing that deadline can forfeit the right to recover, which is one reason early legal involvement matters.

Why Fort Wayne Clients Choose Shaw Law

Our trial record reflects decades of Indiana premises liability work. Jeff “JJ” Shaw has had only three defense verdicts across dozens of jury trials spanning more than 30 years of practice, and we’ve never lost a slip and fall injury jury trial. That premises liability trial strength is the foundation we bring to negligent security cases, where Indiana appellate precedent has raised the bar for recovery. No attorney can promise results in any individual case, but a firm tested across dozens of jury trials brings a different level of preparation to the table.

Direct Attorney Access & the EZ Case App

Clients in Fort Wayne and across Allen County work directly with JJ Shaw or Sky Shaw throughout their case. We don’t hand files to support staff. We also invented the EZ Case smartphone app, available on iOS and Google Play, which gives clients real-time visibility into their estimated case value, estimated completion date, every step already taken, and every step still ahead. We believe we’re the only Indiana personal injury law firm with a smartphone app that provides both an estimated case value and an estimated completion date.

Contingency Fee Representation

We handle negligent security and other business-related personal injury cases on a contingency basis. You pay no fee unless we recover compensation for you.

Call (260) 777-7777 and get your lawyer working on your case.

Free Consultations for Negligent Security Injury Claims

If you were hurt by a criminal act on someone else’s property in Fort Wayne or anywhere in Indiana, we want to hear what happened. Initial consultations are free, and you owe us nothing unless we recover for you. Contact Shaw Law at (260) 777-7777 to speak with our team about your negligent security claim.