AS A BLACK CERTIFIED PARALEGAL ATTORNEY ASSISTANT. PROFESSIONAL ATTORNEY MAINLY WHITE BESIDE BEN CRUMB. TOLD ME. CRYSTAL LASHELLE LAX THEY CAN'T BUILD A SECURITY NEGLECT OR WRONGFUL DEATH CASE OF THE MURDER OF MY SON ANTOINE JERMAINE LAX ON SEPTEMBER 04, 2025 MURDER BY A WHITE MAN JEREMY DAVIDSON ON INTOWN SUITES HOTEL PROPERTY.. JUSTICE FOR MY SON AND OUR LAX FAMILY
Important Court Cases About Safety of Guests on Property
1. Kline v. 1500 Massachusetts Avenue Apartment Corp.
This is one of the most famous cases about property owners failing to protect tenants and guests from crime.
What happened
A woman living in an apartment building in Washington, D.C. was robbed and assaulted in the building’s hallway.
The building previously had security measures, but the landlord reduced security even though crime in the building had increased.
Court ruling
The court ruled the landlord had a duty to provide reasonable security in common areas.
Key legal principle
If a property owner knows that crime is likely or foreseeable, they must take reasonable steps to protect people on the premises.
This case became a major precedent used in lawsuits involving:
apartment buildings
hotels
motels
shopping centers
parking garages
2. Posecai v. Wal-Mart Stores Inc.
This case created a widely used legal test for negligent security.
What happened
A woman was robbed at gunpoint in a Walmart parking lot.
She sued the store claiming they failed to provide security.
Court ruling
The court ruled that businesses must provide security when criminal acts are reasonably foreseeable.
The “Balancing Test”
Courts weigh two things:
1️⃣ How foreseeable the crime was
2️⃣ How serious the risk was
If crime was predictable, businesses may be required to provide:
security guards
surveillance cameras
lighting
controlled access
3. Delta Tau Delta v. Johnson
What happened
A college student was sexually assaulted at a fraternity house party.
Court ruling
The Indiana Supreme Court ruled the organization could be responsible because they failed to control dangerous conditions on the property.
Principle
Property owners must take steps to prevent foreseeable criminal acts by third parties.
How These Cases Apply to Hotels
Hotels are considered “public accommodations.”
Under U.S. law, hotels owe guests a duty of reasonable care because guests are considered business invitees.
This means hotels must take reasonable steps to keep guests safe.
Courts often expect hotels to provide:
• secure locks on doors
• controlled entry access
• working lighting in hallways and parking lots
• surveillance cameras
• staff monitoring activity
• response to suspicious behavior
If a hotel knows or should know about dangerous conditions and fails to act, it may face civil liability for negligent security.
When Hotels Can Be Sued for Guest Injuries or Death
Courts generally allow lawsuits when these elements are proven:
1. Duty
The hotel had a duty to protect guests.
2. Breach
The hotel failed to provide reasonable security.
3. Foreseeability
Crime in the area or property made the danger predictable.
4. Causation
The lack of security contributed to the crime.
5. Damages
The victim suffered injury or death.
Examples of Hotel Negligent Security Claims
Families have sued hotels when crimes occurred because of:
broken security cameras
unlocked exterior doors
no security staff despite prior crime
poor lighting in hallways or parking lots
failure to remove dangerous guests
These cases are typically filed as wrongful death or negligent security lawsuits.
Why This Could Matter in a Case
In situations where a homicide happens at a hotel, investigators and attorneys sometimes examine:
• whether the hotel had prior crime incidents
• whether staff knew about dangerous activity
• whether security policies were followed
• whether the hotel took reasonable steps to protect guests
If serious security failures existed, families sometimes pursue civil lawsuits against the property owner.
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