People hurt in a shooting, stabbing, robbery or assault usually have two paths to financial help that do not depend on collecting from the attacker. Every state runs a crime victim compensation program that pays certain out-of-pocket costs, and in many cases the victim can also sue the owner or manager of the property where the crime happened for negligent security. The first is an application to a government program. The second is a lawsuit that turns on whether the crime was foreseeable and the property owner failed to take reasonable precautions.
Key points
- Every state has a crime victim compensation program for violent crime. You apply in the state where the crime happened, and the offender does not have to be caught or convicted.
- Compensation programs are payers of last resort. They cover costs not paid by insurance or other benefits, and maximums average about $25,000.
- Application deadlines vary widely. Iowa allows two years from the crime or its discovery, while California allows seven years.
- A negligent security claim targets a property owner, landlord, business or security company whose failure to take reasonable precautions made the crime possible.
- Foreseeability is the core issue. Prior similar crimes on or near the property are the most common proof.
- Florida (2023) and Georgia (2025) changed their negligent security laws in ways that favor property owners. Check current law in your state.
Part one: state crime victim compensation programs
How the programs are funded
Under the Victims of Crime Act of 1984 (VOCA), the federal Crime Victims Fund supports state compensation programs. The fund comes from fines, penalties and forfeitures paid by people convicted of federal crimes, not from tax revenue. States add their own money, often from court fees and fines. The federal Office for Victims of Crime oversees the grants, and its victim compensation page links to every state program.
What compensation typically covers
According to the National Association of Crime Victim Compensation Boards, programs commonly pay for:
- Medical and dental care
- Mental health treatment and counseling
- Lost wages when an injury keeps the victim from working, and lost support for families in homicide cases
- Funeral and burial costs
- Crime scene cleanup
- Travel to receive treatment
- Moving or relocation costs
- Housekeeping and child care when the victim cannot handle those tasks
Programs generally do not cover property loss and do not pay for pain and suffering. States set their own caps. NACVCB reports that maximum benefits average about $25,000, with lower limits common for funerals, counseling and lost wages. Together, the programs pay close to $500 million a year to more than 200,000 victims.
Who is eligible
Rules vary, but most programs share the same basic requirements:
- The victim suffered physical injury, emotional harm or death from a violent crime, or is a qualifying family member of such a victim.
- The crime was reported to law enforcement promptly. Many states make exceptions, especially for child victims and survivors of sexual assault and domestic violence.
- The victim cooperates with police and prosecutors, subject to the same exceptions. Since the VOCA Fix to Sustain the Crime Victims Fund Act of 2021, states may waive this cooperation requirement for good cause.
- The victim did not commit a crime or substantially wrongful act that caused or contributed to the incident.
- The expense is not covered by insurance, a government benefit or another source.
- The application is filed on time.
The last point causes many denials, and deadlines differ a great deal from state to state. Iowa's rule requires applications within two years of the crime or its discovery. California raised its general deadline from three years to seven years starting in 2020, and gives younger victims until age 28. Most programs can extend deadlines for good cause, but do not count on it.
How to apply
Apply to the program in the state where the crime happened, even if you live elsewhere. The NACVCB program directory lists every state's program and application. Hospital social workers, prosecutors' victim advocates and the VictimConnect Resource Center (855-484-2846) can help with forms. Keep every bill, receipt, pay stub and explanation of benefits. Programs pay on documentation.
If you also bring a lawsuit or receive restitution, the program may have a right to be repaid from that recovery for what it covered. That is one reason to tell your lawyer about any compensation claim. State-by-state rules on eligibility, caps and deadlines are collected in Crime Victim Attorney's victim compensation guide.
Part two: negligent security lawsuits
What a negligent security claim is
A negligent security claim (also called inadequate security) is a type of premises liability case. The person who committed the crime is responsible for it. But property owners and businesses have a legal duty to take reasonable steps to protect people on their property from foreseeable harm, and when they fail to, they can share responsibility. Unlike the attacker, a property owner usually carries liability insurance, which is often what makes a recovery possible.
Common settings include:
- Apartment complexes and rental housing
- Hotels and motels
- Parking lots and garages
- Bars, nightclubs and concert venues
- Shopping centers, convenience stores and gas stations
- College campuses
Foreseeability: the central question
Courts do not expect property owners to prevent every crime. They ask whether the owner had reason to anticipate a crime like the one that happened and failed to respond reasonably. States use different tests to answer that question:
| Approach | What the court looks at |
|---|---|
| Prior similar incidents | Whether similar crimes happened on or near the property before |
| Totality of the circumstances | All the facts, including prior crimes, neighborhood conditions, the type of business and its hours |
| Balancing | How foreseeable the harm was compared with the burden and cost of the security measure the victim says was needed |
California's Supreme Court used a balancing approach in Ann M. v. Pacific Plaza Shopping Center (1993) and said that the high degree of foreseeability needed to require hired guards will rarely be shown without prior similar violent crimes on the premises. Less costly measures, such as better lighting or fixing a broken gate, can require less proof.
Evidence of foreseeability usually includes police call logs and crime reports for the address, prior tenant or customer complaints, internal incident reports, emails between managers, and the owner's own security assessments.
What reasonable security looks like
The measures at issue depend on the setting. Typical examples are working door and gate locks, adequate lighting in parking areas and stairwells, functioning cameras, controlled access to buildings, trained security staff where the risk calls for it, and policies such as removing a person who has made threats. A landlord who knew a gate had been broken for months, or a bar that kept serving an aggressive patron, is the kind of defendant these claims are built against. When a bar overserved the person who caused the harm, our guide to dram shop liability explains a related theory.
Recent changes in Florida and Georgia
Several states have moved to limit these suits.
- In Florida, the 2023 tort reform law (HB 837) created a presumption against liability for owners and operators of multifamily residential properties that substantially implement specified security measures, under Fla. Stat. 768.0706. It also changed how fault is apportioned and shortened the general negligence deadline from four years to two.
- In Georgia, SB 68, signed April 21, 2025, rewrote the state's negligent security law for claims arising on or after that date. Juries must now apportion fault to the criminal, and the law adds specific elements an invitee must prove.
Other states have their own rules on apportionment and comparative fault. A lawyer licensed in the state where the crime happened should review current law.
Suing the attacker directly
A victim can also sue the person who committed the crime for assault, battery or wrongful death. A criminal conviction can help prove the civil case. The practical problem is collecting, since many offenders have no assets, and insurance policies usually exclude intentional acts. Criminal courts may also order restitution, but payments can be slow and partial. For a plain-language look at these options after a shooting, see Crime Victim Attorney's guide on whether you can sue someone for shooting you.
Who else may be responsible
Negligent security cases often involve more than one defendant. Depending on the facts, these can include:
- The property owner
- A management company that runs day-to-day operations and sets security budgets
- A security contractor hired to patrol or guard the property, if it failed to do what its contract required
- A tenant business, such as a bar or store, that controls the area where the attack happened
- An event promoter or venue operator for crimes at concerts and large gatherings
Contracts between these companies often decide who is responsible for security in a given area, so lawyers request them early.
Crimes at work
If you were attacked while working, workers' compensation will usually cover medical bills and part of your lost wages, and in most states it bars a negligence lawsuit against your own employer. It does not bar claims against other parties. If the attack happened at a property your employer did not control, such as a client's building or a shopping center where you made deliveries, a negligent security claim against that owner may still be possible.
The first weeks after a violent crime
Recovery comes first, but a few steps protect both a compensation application and a possible lawsuit:
- Get the police report number and the name of the investigating officer.
- Ask the hospital, prosecutor's office or police department to connect you with a victim advocate. Advocates help with compensation forms at no cost.
- Keep a folder of medical bills, receipts, pay stubs and insurance letters.
- Write down what you remember about the location: lighting, broken gates or doors, whether guards were present, and any earlier incidents you knew about.
- Be careful about recorded statements to a property owner's insurance company before talking with a lawyer.
- Note the compensation program's deadline and the lawsuit deadline, which are different.
Deadlines and evidence
Negligent security claims follow the state's personal injury or wrongful death deadline, commonly two to three years but shorter in some states and for claims against public entities such as housing authorities or transit agencies. Evidence disappears quickly. Surveillance video is often recorded over within days or weeks, and a lawyer can send a preservation letter right away. Write down what you remember, keep medical records, and get the police report number.
When a crime causes a death or a sexual assault
If a family member was killed, the family may apply for compensation for funeral costs and lost support and may also have a wrongful death claim against a negligent property owner. Survivors of sexual assault have additional civil options described in our sexual abuse guide, and assaults on campus are covered in our college abuse guide. Injuries from a drunk driver are covered in our guide to drunk driving claims, and our personal injury overview explains how damages are calculated in civil cases generally. Older adults harmed by a caregiver or another resident may find our nursing home abuse guide more relevant.
