Premises liability law addresses situations where a property owner fails to maintain a safe environment, leading to injuries on their property. One specific type of claim under this law is a negligent security claim, which occurs when a property owner or business fails to take reasonable measures to prevent crime or harm on their premises.
When security measures are inadequate, and this lack of protection results in someone being hurt, the property owner may be held liable.
Common Types of Negligent Security Claims
Negligent security claims are not limited to one type of crime or injury. They often arise in situations where a property owner should have anticipated criminal activity but did not take proper steps to prevent it.
Below are some common types of negligent security claims:
- Assault and battery: These claims typically involve attacks in public places such as shopping centers, parking lots, or apartment buildings where security measures were insufficient.
- Robbery: Robberies that occur in areas with inadequate lighting, lack of surveillance cameras, or unsecured entry points often lead to negligent security claims.
- Rape and sexual assault: Inadequate security in places like hotels, college campuses, or apartment complexes can lead to claims when victims suffer from sexual assault or rape.
- Theft and burglary: When a property owner fails to provide adequate protection against theft or burglary, the victims may pursue negligent security claims if their property was stolen or damaged due to the lack of security measures.
In each of these cases, the core issue revolves around the failure of the property owner to protect visitors or tenants from foreseeable harm. Security measures are designed to prevent these types of incidents, and when those measures are lacking, liability may follow.
Elements of a Negligent Security Claim
A negligent security claim involves several key elements that must be proven in court. First, the plaintiff must establish that the property owner owed a duty to maintain a safe environment. Property owners have a legal responsibility to ensure that their premises are safe for visitors and tenants. This duty includes preventing foreseeable dangers, including criminal activity.
Next, the plaintiff must demonstrate that the property owner breached that duty. This breach occurs when the property owner fails to implement reasonable security measures, such as installing proper lighting, hiring security personnel, or setting up surveillance systems. It’s important to show that the security measures in place were either insufficient or entirely absent.
Finally, the plaintiff must prove that the breach of duty directly caused the injury. The victim needs to connect the lack of security with the crime or harm that occurred. For example, if an injury happened in a poorly lit parking lot where no security cameras were present, the plaintiff could argue that better lighting and surveillance would have deterred the crime or allowed for quicker intervention.
Contact Us for Legal Assistance
If you or a loved one has been injured due to inadequate security on someone else's property, it’s important to understand your legal rights. A negligent security claim can be complex, requiring careful attention to detail and strong evidence.
Our experienced personal injury attorneys are dedicated to helping victims of crime seek compensation from property owners with negligent security policies. We can thoroughly investigate your claim, gather the necessary evidence, and fight on your behalf to ensure the property owner is held accountable for their failure to provide adequate security.
Contact us today to schedule a consultation and learn how we can help you navigate the legal process.