Key Factors of Negligent Security
Maintaining a reasonably safe environment for individuals that are invited onto a premises is the responsibility of the business or property owner. If a property owner didn’t provide adequate security and a foreseeable crime occurred, he or she could be found guilty of negligent security.
Negligent security injuries can be serious even fatal. A victim of this type of negligence can suffer a brain injury, spinal cord injury, and even death. In many cases, the expenses are high, and if negligence is proven expenses can be recovered through a negligent security lawsuit.
Foreseeable Criminal Act
Criminal activity is often considered foreseeable, which means a reasonable person could have foreseen the crime. In many cases, this is due to a similar crime taking place on the property. If similar crimes took place and the business or property owner didn’t take reasonable actions to prevent future crimes, he or she could be found liable.
Examples of Negligent Security
There are many examples of negligent security. Here are a few of them.
*A property owner fails to have proper coordination of their security with local law enforcement.
*Failure to have a building’s entrance door properly locked.
*Not having adequate or working windows and door locks on a building.
*Failure to have gates properly secured.
*Not properly warning people of known dangers.
*Not having proper or adequate lighting in a parking garage or stairwell.
*Failure to have sufficient security guards, staff, or security attendants.
*Not having panic buttons or emergency phones.
*Not having surveillance and security cameras.
*Failure to establish security policies and programs.
*Not properly screening visitors or employees.
Breach of Duty
When someone owns a commercial building, it’s their duty to maintain the property and take precautions so that visitors are safe. If the property owner didn’t take reasonable precautions, you might have a negligent security case that falls under premises liability law.
Negligent Security Damages
If you’re robbed or attacked at a hotel, apartment complex, or commercial building, you probably have physical and emotional injuries. You may be traumatized or have physical injuries that prevent you from working. Negligent security damages are medical bills, lost wages, and in some cases, mental anguish due to the incident. These are all factors taken into consideration when determining a negligent security case.
Proving Inadequate Security
Negligent security cases can be complicated. Certain things need to be established for a successful lawsuit.
- The victim of the crime must have experienced damages that were physical or monetary in nature because of a criminal act on the business or property owner’s premises.
- The property manager or owner had a legal duty of care.
- A death or injury was the result of insufficient security.
- The victim was legally on the property and was not trespassing.
- The property or business owner didn’t have proper security in place on their property.
- The criminal activity on the property or in the area was foreseeable.
Every case involving inadequate security is unique. What is considered adequate security will vary depending on the type of property and the crime committed.
A balancing test will be used in many courtrooms to determine if certain measures should and could have been taken by the property or business owner. If it’s determined that the costs associated with providing adequate security for a property were reasonable, the court will often rule against the property owner in favor of the victim for negligent security damages.