Many people are aware of the duty a property owner holds to their visitors or customers. For the most part, the owner or occupier of a property must address any dangerous hazards that present a safety risk to their visitors. What you might not realize is that this duty can extend to security measures that fail to prevent foreseeable criminal activity.
If you have been the victim of a crime on the property of another person, you could be entitled to a monetary award. If the property owner failed to take reasonable steps to ensure your safety, you could hold them accountable through a civil lawsuit. Let a team member at Ben Crump Law, PLLC walk you through the litigation process. To get started, call (844) 730-5111 to schedule a free consultation to learn how a Mesa negligent security lawyer can assist you.
Understanding Negligent Security Claims
Any circumstance where a property owner fails to take reasonable precautions to prevent crime on their premises could result in a negligent security claim. Some of the most common forms of inadequate or negligent security include:
- Lack of sufficient lighting. According to the University of Chicago, sufficient outdoor lighting can reduce violent crime by as much as 36 percent. Proper lighting is an especially strong deterrent in remote areas like parking lots and alleys.
- Lack of video surveillance. The presence of working video cameras serves two purposes. First, visible cameras often serve as a deterrent. Additionally, these cameras can provide video evidence of a crime as it is being committed.
- Lack of security guards. Some circumstances require doormen or on-site security. This security is necessary in cases where there is a history of violent crime.
- Unsecured entryways. Apartment buildings and other facilities with common areas are safest when their doors and gates are secured. Missing or broken gates present a serious safety risk.
- Negligent hiring practices. Some negligent security claims stem from a property owner’s hiring decisions. When the owner hires a person they know or should have known was a safety risk, they could be on the hook for any injuries that occur.
Any of these factors could provide the basis for a successful negligent security claim. If you believe you are entitled to compensation as the victim of a violent crime, let a team member at Ben Crump Law, PLLC review your case. Contact us today to get started.
For a free legal consultation with a negligent security lawyer serving Mesa, call (844) 730-5111
Proving Liability
Not every crime victim is entitled to financial compensation. A claim for compensation requires proof that the property owner acted negligently. There are four elements required to establish negligence as it relates to a negligent security claim. These elements include:
- Duty. A legal duty must exist between the property owner and the crime victim. Most of the time, property owners owe a duty to visitors, customers, and guests. They do not typically owe the same duty to trespassers.
- Breach. The property owner must have breached their duty to the plaintiff. In a negligent security case, a breach could involve the failure to hire security or to fix a broken gate.
- Causation. The losses a plaintiff pursues must be directly tied to the defendant’s breach. In this case, all losses must stem from a criminal act that occurred due to the property owner’s negligence.
- Damages. Finally, a plaintiff must have suffered compensable damages to collect a monetary award. These damages could include medical bills, lost wages, or mental anguish, among other things.
A plaintiff must establish every one of these elements in order to prevail at trial. The failure to establish even one of them may result in the denial of their claim.
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Innkeeper Liability
Not all property owners and occupiers are treated equally in negligent security claims. In an effort to protect hotel owners from theft claims, the legislature adopted a law the specifically protects innkeepers from certain property claims.
This statute is found in Arizona Revised Statutes (ARS) § 33-302. It is worth noting that the protections outlined in the statute are very narrow, leaving hotel owners and operators open to most types of negligent security claims.
According to the statute, any innkeeper that maintains a fireproof safe available to guests in each hotel room is immune to certain negligent security claims. Specifically, the innkeeper is immune from any claims for the loss of damage to personal property that is not deposited in the safe.
There are some important exceptions to be aware of. The innkeeper must notify the guests about the safe to ensure they are aware of its availability. Additionally, this protection does not extend to the loss of items that occur due to the actions of the innkeeper. For example, an innkeeper that steals an item from the same guest cannot rely on this statute as a defense.
Innkeepers may also refuse to accept items valued at $500 in the safe. In the case where that item is ultimately stolen or damaged, the innkeeper is only responsible for up to $500 of its value.
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You Could Recover a Monetary Award Due to Your Negligent Security Claim
As the victim of a crime, it can be difficult to focus on a potential negligence claim. For many, the mental and physical toll that comes with these crimes can be overwhelming. That is where a Mesa negligent security lawyer can help.
Our attorneys are ready to address your negligent security claim so that you do not have to. We pursue your case while you focus on recovering from the stressful experience. To learn more, call Ben Crump Law, PLLC at (844) 730-5111 as soon as possible.
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