Suffering an attack or another crime is a deeply traumatic experience. It is even more frustrating when the crime could have been prevented. While the legal system focuses on the criminal, there may be another path to justice by holding the property owner accountable for failing to provide adequate safety.
This area of law is known as negligent security. It’s a part of premises liability, which focuses on a property owner’s legal responsibility to protect visitors from foreseeable criminal acts. When a business, landlord, or property owner fails to take reasonable security steps and someone is harmed, they may be held responsible.
This guide will explain the key ideas of negligent security, what you need to prove, and how a negligent security lawyer can help you get the compensation you deserve.
What is Negligent Security?
Negligent security occurs when a property owner fails to provide reasonable security and someone gets hurt. The key is that they should have known a crime might happen and didn’t do enough to stop it.
This is different from just being a crime victim. Here, you’re saying the property owner’s carelessness caused the crime to happen. In legal terms, this is a part of premises liability. This means a property owner must keep visitors safe from dangers they know about or should have known about.
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What You Must Prove in a Negligent Security Case
You have to prove a few things to win a negligent security claim. You must show the property owner had a legal duty to keep you safe, that they didn’t do it, and that their failure led to your injuries.
1. Duty of Care
The property owner must have had a duty to protect you. This depends on why you were there, such as whether you were a customer, a guest, or not supposed to be there at all.
- If you’re a customer, the owner has a higher duty to protect you.
- If you’re a guest, the owner must protect you from dangers they know about.
2. Breach of Duty
You have to show that the owner failed to provide reasonable security. This often means proving they knew about past crimes but didn’t fix them.
- Examples include broken locks, not enough lighting, or no security cameras.
- The owner might have also hired bad employees or failed to warn people about dangers.
3. Causation
You have to prove that the lack of security caused your injury. You likely wouldn’t have been hurt if the owner had done their job.
4. Damages
You must have suffered harm. This can be physical injuries, emotional distress, or financial losses like medical bills and lost wages.
The Hard Facts on Business Crime
The need for good security isn’t just a guess; it’s a fact backed by complex data on business crimes. When owners fail to protect people, everyone is at risk.
Based on data from the FBI and other reputable sources, here are some key statistics from the last five years that highlight this danger:
- A study found that 24-hour retail locations had more than double the odds of experiencing a violent injury compared to those with limited hours.
- According to the FBI’s Uniform Crime Reporting Program, burglaries in 2023 were still about 6% above their pre-pandemic levels, even with recent drops in crime.
- Experts say simple things like better lighting and working locks can prevent criminals from trying to break in.
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How Our Team Can Help You Fight for Compensation
Going against a big company or its insurance is tough. They have lawyers whose job is to pay you as little as possible. Our job is to be on your side.
- We immediately investigate the crime scene and gather evidence like security video and police reports.
- We use security experts to show how the owner’s safety measures were insufficient.
- We handle all talks with the other side and fight for a fair settlement.
Taking the Next Steps
You must act quickly if a crime happens to you on someone else’s property. Getting legal advice early on helps protect your evidence and build your case. You don’t have to go through this alone.
READ: What Are the Statutes of Limitations to File a Negligent Security Case?
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The Role of a Lawyer: A Case Study
Imagine you were attacked in a grocery store parking lot at night. You find out the store owner knew about similar crimes but got rid of the security guard to save money. Your legal team would:
- Gather police reports to show a pattern of past crimes.
- Find internal memos proving the owner knew about the risks.
- Use this proof to argue that the owner’s mistake directly led to your attack.
This approach gives you the best chance to win your case.
Contact the Ben Crump Law firm for a Free Consultation.
If you believe bad security led to your injury, don’t wait. Call us for a free, private case review. We will listen to your story and help you understand your legal options.
Contact the Ben Crump Law firm today for a free, private case review by calling (800) 896-1221.
About Ben Crump Law
Renowned civil rights attorney Ben Crump founded Ben Crump Law PLLC, believing justice equals respect. His firm is devoted to advocating for the voiceless of our society, whenever or whatever kind of harm may have befallen them. From personal injury to labor and employment matters to class action lawsuits and many other types (click to view all practice areas), our attorneys are dedicated to holding the powerful accountable for their actions.
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