Negligent Security and Sexual Assault Claims in Kansas City

If you were sexually assaulted on someone else’s property, you may be able to hold the property owner financially responsible through a negligent security claim.

When a business or landlord fails to take reasonable safety measures, and that failure creates the opportunity for an assault, the law can treat the property owner as partly responsible for the harm you suffered.

This is separate from any case against the person who attacked you, and it often reaches an insured business that actually has the resources to compensate you.

These claims recognize a hard truth: many assaults happen in places that could have prevented them.

A dark parking garage, a broken lock, an apartment complex that ignored repeated warnings: all of these can turn a property owner into a defendant in a premises liability claim involving negligent security.

What Negligent Security Actually Means

Property owners in Kansas City have a legal duty to keep their premises reasonably safe for the people they invite onto their premises.

That includes protecting against foreseeable criminal acts, not just slip-and-fall hazards.

A negligent security claim argues that the owner knew, or should have known, that an assault could happen and failed to take reasonable steps to prevent it.

The key word is foreseeable. If prior crimes occurred on or near the property, or the location had obvious security gaps, a court may find that the owner should have acted.

Where These Assaults Happen

Negligent security claims can arise almost anywhere the public is invited, or tenants live. Common locations include:

• Apartment complexes with broken gates, locks, or lighting
• Parking lots and garages with no cameras or patrols
• Hotels and motels that fail to control access to guest areas
• Bars and nightclubs with inadequate or poorly trained security
• Shopping centers and offices that ignore known safety problems
• College housing and dormitories with lax entry controls

The setting matters because it shapes what “reasonable” security looks like. A downtown parking garage and a suburban apartment complex face different risks and different expectations.

Proving the Property Owner Failed You

Winning a negligent security case means showing that the owner’s carelessness contributed to the sexual assault. Evidence that builds this connection often includes:

• Records of prior crimes at or near the property
• Police calls to the location before your assault
• Broken or missing security equipment like cameras and locks
• Inadequate lighting in parking areas, stairwells, or entryways
• Absent, understaffed, or untrained security personnel
• Ignored tenant or customer complaints about safety

When a property has a documented history of crime, and the owner did nothing, foreseeability becomes much easier to establish. A thorough investigation digs into maintenance records, prior incident reports, and internal communications that owners would rather keep buried.

Two Separate Cases, Two Sources of Accountability

A civil negligent security claim is not the same as the criminal case against your attacker. The criminal system focuses on punishing the individual. Your civil claim focuses on compensation and can name the property owner, a management company, or a security contractor that failed to do its job.

You do not need a criminal conviction to pursue a civil claim.

The burden of proof is lower, requiring a preponderance of the evidence rather than proof beyond a reasonable doubt. That difference matters, because it means you can hold a negligent property owner accountable even if the criminal case stalls or the attacker is never caught.

State Deadlines for Filing Your Claim

Time limits apply to these claims, and they vary based on the facts and location.

Missouri’s general personal injury deadline under Missouri Revised Statutes § 516.120 is 5 years, and this is generally the deadline that applies to a negligent security claim against a property owner.

Missouri Revised Statutes § 537.046 extends the time to sue the perpetrator directly until age 31, but claims against a property owner or business may run on a different timeline.

Survivors who were abused as minors should have an attorney confirm which deadline applies to their specific claim.

In Kansas, the general personal injury deadline is 2 years under K.S.A. § 60-513, and claims tied to childhood sexual abuse can extend to age 31 under K.S.A. § 60-523. Because these deadlines depend on the specific facts of your case, an attorney can help you figure out exactly where you stand.

You Deserve Answers About What Happened to You

If you were assaulted on unsafe property, our team will investigate whether the owner’s negligence contributed to what happened and identify every source of compensation available, all while protecting your privacy.

Sexual assault cases are a priority for our firm, and we handle them with the care and discretion they demand. You can read what past clients have shared on our testimonials page and review our case results to see how we have fought for survivors.

Consultations are free and completely confidential. Call Wendt Law Firm at (816) 531-4415 or contact us online whenever you are ready to talk.