Negligent security is considered an area of premises liability law that deals with negligent property owners or other parties who fail to install adequate security at their premises. A victim of a crime that happened due to negligent security can incur debilitating injuries and other damages.
Several crimes can be considered negligent security if they happen due to a lack of adequate security measures at a property, including shootings, robberies, assaults, battery, and other crimes.
What Exactly Constitutes Negligent Security
There are many ways in which a property owner could potentially be liable for a victim’s damages if a crime or other incident happens on their property.
Lack of Maintenance
Negligent security incidents can happen due to a lack of maintenance such as not fixing any broken physical barriers around a property. If a property owner neglects the repair of fencing or gates, for example, and criminals find easy access to the premises, they could be liable for any damages.
Lack of Lighting
Not installing adequate lighting in and around a property, particularly in dark areas that are away from main visitor traffic, can invite criminals onto a property and result in a negligent security incident.
Lack of Security Personnel and Installations
When large crowds of people come together, for example at concerts or festivals, security personnel can be crucial for keeping all patrons safe. This can also be the case in night clubs and certain bars. Not having adequately-trained security guards on the premises, and failing to install security cameras, can be negligent security. The same applies when the security installations are faulty and in disrepair; for example, if there are broken security cameras and broken alarm systems.
Unfortunately, it is not always possible to prevent violent acts even when a property owner acts prudently and takes all precautions possible to keep visitors to their property safe. However, if a victim of a crime can prove that a property owner or their representatives such as a property management firm or other third parties did not take reasonable actions when it comes to visitor’s safety, they may be able to file a lawsuit.
The Effects of Negligent Security
The Centers for Disease Control and Prevention (CDC) states that most injuries in assault happen due to an assailant striking the victim, with or without a weapon. Common injuries affect the head and trunk. According to the CDC injuries of assaults include:
- Bone fractures
- Internal injuries
However, victims of negligent security can also suffer from emotional problems after an assault or attack. Anxiety, depression, social isolation, and developing mental disorders can all be the result of a negligent security incident. Some victims may suffer from severe, long-lasting effects after a violent crime, such as post-traumatic stress disorder (PTSD). Unfortunately, some of the physical and emotional injuries of crime victims can be permanent and influence the rest of their lives in a negative way.
If you or a loved one suffered horrific consequences in a negligent security incident recently, you should speak to a negligent security lawyer as you might have legal options for recovering compensation.
What Victims Need to Prove
Proving a negligent security case can be far from straightforward, and a number of considerations apply. Typically, it is not enough to suffer from an injury on someone else’s property due to an assault or attack. A plaintiff in a lawsuit against a property owner or representative will need to prove foreseeability in order to have a negligent security claim.
Foreseeability in a Negligent Security Claim
Foreseeability refers to a property owner’s responsibility to know about any previous crimes at the property or in the immediate surroundings and to take the appropriate action to prevent crimes as far as possible. Previous crimes could be robberies or assaults, for example.
In order to prove that a property owner should have foreseen a crime, a negligent security lawyer will likely determine any previous law enforcement involvement at the property and in the area. If police attended other crimes at the property in question and a property owner did nothing to improve security measures, you could potentially hold them to account for your injuries and financial losses.
Your Next Best Steps
If you or a family member suffered an injury in a negligent security incident, you should speak to a negligent security lawyer and find out about any options that could be open to you. You may be able to file a lawsuit against a business owner or other liable party and could potentially recover compensation for your financial losses as well as pain and suffering.
While negligent security cases can be complex and tricky to prove, Ben Crump Law, PLLC can leave no stone unturned to fight for justice and compensation on your behalf. Do not wait to seek help as most states have deadlines when it comes to personal injury claims. Call Ben Crump Law, PLLC today for a free consultation to discuss your potential negligent security claim at (800) 896-1221.