Bars and restaurants to retail stores and banks, there are many businesses that may draw various types of criminal activity, such as assault or armed robbery. Commercial and even residential property owners may need to take adequate security measures to ensure their patrons, visitors, or tenants are protected and safe.
Basic security measures can prevent foreseeable hazards and offenses. If a property owner fails to provide adequate security and a person suffers an injury on the premises, they can be held liable for the injured person’s losses.
Common examples of negligent security include:
Lack of security guards
Security guards lack training or qualifications
Lack of security cameras or malfunctioning camera equipment
No alarm system or faulty alarms
Lack of proper locks on doors
Broken fences or gates
Poor lighting in and around the premises
In order to succeed in a premises liability lawsuit due to inadequate or negligent security, the injured party (the plaintiff) must prove that the property owner or manager (the defendant) failed to provide basic security measures. The plaintiff must show the court that (1) he/she was lawfully present on the defendant’s property, (2) the defendant breached its duty of care to provide adequate security, (3) the plaintiff would not have been injured if the defendant did not breach its duty, and (4) the plaintiff suffered losses.
One of the most important elements in a negligent security case is “foreseeability,” which is based on whether there were previous and similar crimes on the premises or within the area of the property that the owner or manager knew or should have known about and how many times law enforcement officials have been called to the property. For example, if a plaintiff was the victim of an assault on the property and there were four prior assaults on the premises or in the area, it is likely that the most recent assault would be foreseeable.
If you have been injured due to negligent security in Albuquerque, NM, call Michael J. Doyle, Attorney at Law at (505) 219-2176 or fill out our online contact form today to schedule a free consultation.