An apartment owner can be sued when a resident or guest is hurt by a third party's crime and the suit says the owner's security failures contributed. Whether the owner is liable depends on state law. Whether the GL policy pays depends on its assault and battery wording, and many apartment policies now exclude or sublimit it.
In our placements, most standard carriers have exited multifamily general liability, and A&B is often excluded or sublimited on what remains. That can leave an owner funding the defense and any judgment directly, even when the owner wins.
This guide covers the claim, how courts approach it, what to ask about your policy, and which records to keep. We are brokers, so the policy and records sections are where we can help most.
What is a negligent security claim?
It is a claim that an owner's failure to take reasonable security measures contributed to a third party's crime against a resident or guest. The owner did not commit the crime. The suit says the property made it easier to commit.
Typical allegations include:
- Broken or propped door locks, gates, and fences
- Inadequate or out-of-service exterior lighting
- Weak access control, such as unmanaged fobs or open pedestrian gates
- Prior incidents or complaints that were ignored
- A security vendor that missed patrols or failed to follow post orders
What the sublimit does
- $100K
- assault and battery sublimit in the example, against a $1,000,000 per-occurrence GL limit
- $40K
- left for a settlement or judgment after $60,000 of defense costs inside the limits
Who can be named in these suits?
Plaintiffs commonly name everyone involved in running the property.
The owner entity. Usually the property-level LLC or partnership that holds title. Plaintiffs often name the parent or sponsor as well.
The property manager. Day-to-day decisions on repairs, lighting, and security spending sit with the manager, so it is a common defendant.
The security vendor. A patrol company or monitoring contractor can be named for how it performed its contract.
Each defendant has its own insurance, and they do not always line up. That is why the contracts between them matter, and why we come back to them below.
How do courts decide negligent security cases?
We are insurance brokers, not attorneys. This summary of the law is general information, not legal advice, and reading it doesn't create an attorney-client relationship. Court decisions and statutes change, and how they apply depends on the facts of each case. Current as of September 2026. If you face a claim or a lawsuit, talk to an attorney licensed in your state.
Courts generally ask two things: whether the crime was foreseeable, and whether the owner's security measures were reasonable. The tests for those questions vary a lot by state.
Some states apply strict tests that require specific prior knowledge. Alabama is one example. Its Supreme Court has said that absent special relationships or circumstances, a person has no duty to protect another from the criminal acts of a third person. Moye v. A.G. Gaston Motels, Inc., 499 So. 2d 1368, 1370 (Ala. 1986). See our Alabama guide.
Other states weigh the totality of the circumstances instead.
State law also differs on fault allocation, damages and filing deadlines. If you own in more than one state, expect each property to be judged under its own rules.
State guides
- Alabama: Strict foreseeability test that turns on specific prior knowledge.
- Florida: A 2023 statute gives multifamily owners a presumption against liability if they meet a security checklist.
- Georgia: A 2025 statute sets the elements plaintiffs must prove and requires fault to be apportioned to the criminal.
Does your GL policy cover a negligent security claim?
Maybe, up to a point. Here are the questions to put to your broker.
Is assault and battery excluded, or sublimited?
An exclusion means the GL policy does not respond at all. A sublimit means it responds, but only up to a cap below your per-occurrence limit. Read the form wording, not just the declarations page.
Do defense costs erode the limit?
If defense costs sit inside the limit, every dollar spent on lawyers reduces what is left for a settlement or judgment. If they sit outside, they do not.
Does the umbrella follow form on A&B?
Some umbrella and excess policies carry their own exclusion, or sit only over the underlying sublimit. Ask whether the umbrella responds above an A&B sublimit or excludes it.
What do the security contract's indemnity terms say?
Ask whether the vendor indemnifies you, whether you are an additional insured on its policy, and what limits the vendor carries. A small vendor limit may not go far.
Is the property manager covered?
Check whether the manager is an insured under your policy or relies on its own, and whether its policy carries the same A&B restriction.
Does the wording reach negligent security claims?
The same lawsuit can be pleaded as negligent security, poor lighting, or failure to supervise. Ask how the exclusion is worded and whether it applies to all of them.
Vendor contracts are worth a read before you need them. For certificate and additional-insured mechanics, see certificates of insurance. For how GL limits fit a full program, see multifamily and apartment insurance. Owners of Section 8, HUD, or LIHTC properties should also read affordable housing insurance.
How does an A&B sublimit change what the policy pays?
Hypothetical numbers, chosen to show the mechanics. Not a prediction and not a verdict figure.
240-unit community, illustrative only
- GL limit: $1,000,000 per occurrence
- Assault and battery sublimit: $100,000
- Defense costs: inside the limits
A resident is assaulted in a poorly lit parking area and sues, alleging negligent security. The headline limit reads $1M. The A&B sublimit is what actually applies, because the claim arises from an assault.
Say defense costs reach $60,000 before the case resolves. With defense inside the limits, only $40,000 is left for any settlement or judgment. Anything above that is the owner's to fund, unless an umbrella responds above the sublimit.
Illustrative example
$100K sublimit − $60K defense =
$40K
The umbrella may not sit over an A&B sublimit at all, so check that too. The $1M figure on the certificate did not tell you any of this.
Full A&B exclusions are most common on surplus lines policies, which is where many apartment owners land after a non-renewal. Our guide to the E&S market after a non-renewal covers the other exclusions that tend to come with it.
Which operating records matter?
This is good operating practice, not legal defense advice. Ask your attorney what to keep and for how long.
- Work orders for door locks, gates, access controls, cameras, and exterior lighting, with the date reported, the date fixed, and who fixed it.
- Incident logs for crimes and safety complaints, with police report numbers and what the team did in response.
- Resident complaints about safety, kept in a system that shows each one was acknowledged and closed.
- Security vendor post orders, patrol logs, and incident reports.
- Code-compliance and inspection records, plus any citations and how they were cleared.
Dated records show what your team knew and when it acted. They also help your broker present the property to underwriters at renewal.
If a claim does arrive, see our notes on claims strategy.
FAQ
Common questions about negligent security claims
Is a landlord liable for crime on the property?
Sometimes. Courts generally look at whether the crime was foreseeable and whether the owner's security measures were reasonable, and the tests vary a lot by state. A lawyer licensed in your state can tell you how the rules apply to a specific claim.
Who is liable after a shooting at an apartment complex?
The person who committed the crime is responsible for it. A negligent security suit is a separate claim against the owner, the property manager, or a security vendor, alleging their failures contributed. Whether it succeeds depends on state law and the facts.
Does apartment insurance cover negligent security claims?
It depends on the policy. Assault and battery is frequently excluded or sublimited on apartment general liability policies. Check the exclusion, the sublimit, how defense costs are treated, and what the umbrella does above it.
What is an assault and battery exclusion?
It is a GL policy provision that removes coverage for claims arising from assault or battery. Some policies exclude these claims outright, while others cover them up to a lower sublimit. Wording varies, so the policy controls.
Does the security vendor's insurance protect the owner?
Only if the contract and the vendor's policy say so. Look for an indemnity clause, additional-insured status for the owner and manager, and the vendor's own limits. We can review the vendor contract language when we review your program.
Can we get A&B coverage back if our policy excludes it?
Sometimes. Options depend on the property, its claims history, and the market. We take these accounts to the habitational markets that still write apartments and price the structure, without any promise about the outcome.
Find the assault and battery gap before a claim does
Send us your GL and umbrella policies and your security vendor contract. We will read the A&B wording, check how defense costs are treated, and tell you what the umbrella does above it.
If the answer is a gap, we will take the account to the habitational markets that still write apartments and price a better structure.
Send us your policies for an assault and battery reviewThis article is for general educational purposes only. It isn't legal, tax, accounting, or lending advice and doesn't create a producer-client relationship. Policy terms, exclusions, and availability vary by carrier, state, and property. Only the policy actually issued determines coverage. Regulatory and lender requirements change; confirm current rules with your attorney, lender, or servicer before relying on anything here.