You Did Everything Right — And They Still Let It Happen
You own a scooter or a motorcycle — something practical, efficient, maybe even essential for getting to work. You live in a building that won’t let you bring it inside. Leaving it on the street isn’t an option — not in this city. So, you do what any reasonable person would do: you chain it up in the apartment building’s secured parking garage — the one that claims to be monitored 24/7 by professional security.
Then one day, you come downstairs, and it’s gone. Just like that.
The chain was cut. The cameras somehow missed it. The security guard was “on a break.” You ask questions. You get shrugs. And you’re not the first person this has happened to. It’s happened multiple times. Same building. Same garage. Same result.
The apartment complex says it isn’t their fault. The security company blames the thieves. And your insurance company says your policy has lapsed, or that it doesn’t cover theft from private property.
You’re out a scooter. You’re out thousands of dollars. And now they just put up a sign that says, “Be careful. Things can be stolen.” No added cameras. No additional guards. No locked room. No alternative solution.
Let me be clear: That’s not just unfortunate — it’s legally actionable.
Negligent Security Isn’t Just About Dark Stairwells
When people think of negligent security, they often imagine someone getting assaulted in a poorly lit parking lot or a hotel failing to stop a break-in. And those are real, valid claims.
But negligent security also applies to theft, especially when:
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The property owner knows there’s a pattern of similar incidents
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The victim had no real alternative to using the space
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The owner or security company made promises about protection — and didn’t deliver
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Nothing meaningful was done to improve safety after the first incident
This isn’t about holding them liable for every crime committed on their property. It’s about holding them accountable when they knew it was happening and chose not to act.
“At Your Own Risk” Doesn’t Let Them Off the Hook
Property owners love disclaimers. Signs that say “Not Responsible for Theft.” Clauses in your lease that say “Use the parking garage at your own risk.” Waivers that say they don’t guarantee anything.
But here’s the truth: You can’t waive away responsibility for negligence.
If the building required you to use that garage, failed to provide a secure option, and had actual notice of repeated thefts — they don’t get to wash their hands of it. And neither does the security company they hired.
When It’s Repeated, It’s Predictable — And Legally Actionable
Let’s say you’re the third or fourth person this has happened to. That changes the game. That makes it foreseeable. And under the law, when a crime is foreseeable, property owners and their agents have a duty to take reasonable steps to prevent it.
If they didn’t:
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Add security patrols
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Fix the camera system
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Provide a locked storage area
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Notify tenants of safer alternatives
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Retrain their security staff
Then they may be liable — regardless of disclaimers, notices, or generic warnings.
What You Can Do Next
If this has happened to you, don’t let them tell you it’s just your problem. You have options:
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Document everything — take photos, get incident reports, save any notices or emails
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Get witness statements from neighbors or staff who know this has happened before
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Request footage — even if they say the cameras “didn’t catch it,” force them to confirm
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Contact an attorney familiar with negligent security and premises liability
You don’t have to take on the apartment complex, the management company, the security firm, and the insurance company alone. They’re counting on you to walk away. You don’t have to.
A Final Word
Property owners don’t get to claim they provide “secure facilities” while doing the bare minimum. And they certainly don’t get to ignore repeated thefts and pretend that’s just life in the city. If they made you use that garage — and gave you no other real option — they had a duty to protect your property. If they failed, they can be held accountable.
About the Author
Nick Harrison is the founding attorney of Harrison-Stein PLLC, a D.C.-based law firm representing individuals and organizations in civil litigation, including negligent security and premises liability cases. He has over 25 years of legal and military experience and is a dedicated advocate for those who’ve been ignored or dismissed by powerful institutions.
