November 27, 2023

Kelley Kronenberg Negotiates Successful Resolution in Negligent Security Action

Kelley Kronenberg Partner, Aaron Neifeld, with the assistance of Claudia Acosta, secured a favorable outcome in a negligent securing action, shielding our client from exposure exceeding $185,000.00, plus fees and costs.  

In this case, our client, a major commercial shopping mall, faced allegations of negligence after a minor claimed to have been attacked on the premises. Through strategic legal maneuvering, including the deposition of the minor and extensive negotiations, our legal team achieved a voluntary dismissal with prejudice. 

The key to this success was in challenging the plaintiff’s assertion of foreseeability. Our team conveyed that a negligent security claim demands proof that the defendant failed to use ordinary care in protecting invitees from foreseeable risks. In this instance, Aaron successfully argued there was a lack of evidence indicating our client could have foreseen the attack by other patrons. 

Drawing on precedents such as Stevens v. Jefferson and Banosmoreno v. Walgreen Co., Aaron demonstrated that foreseeability hinges on more than specific knowledge of a dangerous individual—it extends to awareness of a dangerous condition on the premises likely to cause harm. This nuanced argument allowed us to secure a dismissal without subjecting our client to prolonged discovery and motion practice, saving significant defense costs.