Negligent security is one aspect of premises liability law. Premises liability law is the legal concept that the owner of the property on which a person was injured due to a hazard on the property is liable for their damages. Negligent security comes into play when the hazard is a lack of adequate security or the presence of negligent security.
The standards for what qualifies as negligent security varies depending on the place, its purpose, and the environment. But the property owner should be aware of all of these conditions and factors when installing proper security measures and personnel. Their failure to do so can have dire consequences. So, when a person suffers an injury or some kind of damages due to this, the owner of the property could be liable for the damages of the victim for failure to uphold their duty of care.
At Mike Agruss Law, we have helped thousands of clients to seek justice and compensation for personal injuries, and you won’t owe us a penny for our services unless we win your case. If you or a loved one has been injured due to negligent security, contact our office today for a free consultation with a personal injury attorney.
Types of Negligent Security Scenarios
Negligent security accidents can occur almost anywhere. Crime can appear in many different contexts and locations, and criminals will find any opportunity to violate the law if they find that no one is around to defend or save a victim. This is deplorable behavior and it is also exactly why we need adequate security in the first place. Some types of injuries that can result from this include the following:
- Physical assault – People can get stabbed, jumped, and attacked without the proper security measures in place. This can happen in trains, buses, parking lots, bars, concerts, airports, malls, hotels, and more.
- Sexual assault – We hear of cases of rape or sexual assault sometimes in a college campus, condominiums, apartments, parking lots, public transportation, and more.
- Robbery – A robbery can happen virtually anywhere, as long as someone has some type of property on them. These are particularly noted at ATMs, parking lots, malls, gas stations, and more.
- Shootings – Mass shootings are sadly becoming a more and more frequent occurrence in our society. Some security measures could be put in place to eliminate or lessen the risk of this. These occur in schools, malls, public gatherings, concerts, clubs, and more.
- Failure to maintain security measures – Maintenance of things such as video cameras, security systems, fences and barriers, and safety warning signs can lead to injury.
Proper Security Measures
There are some highly recommended security measures that can be put in place to mitigate risk in any given location. Schools and daycare centers should have one secure entrance. Large public areas such as stadiums or airports should have thorough person-by-person security checks. Residential buildings should have personalized security to each unit with a unique key and security checkpoints to get past each door and facility in the building.
Generally, these are some measures that significantly increase the safety of a property and should be in place anywhere:
- Adequate lighting in hallways and alleyways
- Strong electronic security systems and video surveillance
- Security guard(s)
- Emergency call stations
- Locked doors
- Motion detectors and sensor lighting
How Do I Proceed with a Negligent Security Claim?
If you have been victim to an accident or attack due to negligent security, you can file a claim against the property owner for failing to uphold their duty of care to you. To generally prove negligence, you must prove four things. First, that the property owner owed you a duty of care. This applies as long as you are either an invitee, one who is on the property for the property owner’s benefit, or a licensee, one who is there for their own enjoyment. Second, that this duty of care was breached. Third, the property owner’s actions or inactions caused the accident. And you must also prove that you suffered damages and/or harm from the accident.
In the specific context of negligent security, the same idea applies. You must prove that the property owner breached their duty of care by failing to provide adequate security; then, that you were injured due to a third party’s actions that were reasonably foreseeable to the property owner; that their failure to provide adequate security (breach) was the only, direct cause that caused your injuries; and that you did in fact suffer injuries and damages.
With the help of one of our experienced attorneys, we will guide you through this process and help you prove these elements. We will investigate the property, question relevant witnesses, and go through your damages with you to see how we can best help you get fairly compensated.
Damages That Can Be Recovered
A negligent security accident can result in physical pain, but also psychological pain on most occasions. The incident may make you fear things you once never did, such as going out alone or trusting others. But, after a successful claim, you can recover monetary damages as a way to lessen the financial burden that this may have had on you. Some common damages that can be recovered include the following:
- Medical expenses
- Lost wages
- Future earning capacity
- Property damage
- Emotional distress
- Pain and suffering
- Mental anguish
- Loss of reputation
- Loss of consortium
- Loss of enjoyment of life
- Punitive damages
If you or a loved one has been injured due to negligent security, contact our office today for a free consultation.