All property owners owe a duty of care through reasonable measures to all who enter their property. In most cases, this means providing people with sufficient security personnel and security measures. However, when a crime or violent act occurs on this property, there could be a case for negligent security due to premises liability laws. Premises liability laws essentially state that if someone is injured on someone else’s property, they may be held liable for what has occurred.
What is “adequate security”?
The type of adequate security is dependent on the type of property that the accident occurred on – from an apartment building to a corporate building to a mall parking lot. In any case, the applicable, reasonable security measures should be enforced through the necessary means. If they do not have these necessary means and someone is injured in what could have been prevented given adequate security, they may have a case for inadequate security. You can sue the property owner for negligent security causing your damages or losses.
What types of crimes are included under inadequate security?
The types of crimes that you are able to sue under can range from a burglary to a rape. If there was insufficient security to be able to protect visitors, tenants, consumers, etc. against that, then they could be found at fault. If you are able to prove that you were lawfully on this property, suffered an injury caused by their breach of duty of safety owed to you, and suffered damages from it, then you could have a viable case. Going after the property owner rather than the perpetrator themselves is because the property owner is clear and easy to track down and they almost certainly have insurance to cover your damages for situations like this.
One important factor in these cases is foreseeability. If the crime that you experienced was foreseeable due to past similar crimes occurring in the same place, then the crime is likely considered foreseeable. In this case, the property owner should have implemented the proper security measures to prevent it from occurring again. With the help of an attorney’s evaluation of the crime and the circumstances surrounding it, it can be determined how to proceed.
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