Negligent security holds property owners or other responsible parties liable for any injuries or damages that occur due to a lack of adequate security on their premises. Negligent security can happen in a variety of settings and properties, publicly or privately owned. Injured persons who suffer damages due to a third party, such as a robber or violent criminal, can potentially bring negligent security claims.
Examples illustrating what negligent security is can include:
- Not installing or monitoring security cameras.
- Not responding to an alarm or emergency in a timely manner.
- Failing to ensure adequate lighting.
- Failing to hire suitably qualified and trained security personnel.
- Not maintaining gates, fencing, locks, and doors.
For example, if a person is assaulted on a property that did not have adequate lighting installed, they could hold a property owner responsible for their financial losses and other damages. However, they will have to prove that lighting could have prevented the crime and that the property owner should have foreseen a crime.
Places Where Negligent Security Incidents Occur
Attacks, assaults, and other potential negligent security incidents can happen practically anywhere. According to the Bureau of Justice Statistics (BJS), they can commonly occur in:
- Schools and other places of education
- Shopping malls and retail stores
- Factories and other workplaces
- Parking garages
- Parking lots
- Apartment complexes
- Office buildings
- Government offices
- Amusement parks and theatres
- Hospitals and other care facilities
- Stadiums and sporting events
- Airports and public transport stations
- Concerts and festivals
Examples of Negligent Security Incidents
Negligent security typically occurs when a property owner was aware that a crime could happen at their premises or close by, yet they did not do anything tangible to prevent such crimes. Crimes that can happen when security is inadequate can include:
- Sexual assault
Victims of crimes could have legal recourse, especially if they suffered significant injuries and other damages. In a personal injury lawsuit, victims of negligent security may be able to recover several types of economic compensation, including medical expenses, loss of wages, and other out-of-pocket expenses.
Depending on the permanence and seriousness of their injuries, victims could also receive non-economic damages, such as awards for pain and suffering, loss of life enjoyment, and emotional anguish, among others, according to the Legal Information Institute (LII).
Why Go After the Property Owner Instead of the Criminal
You may wonder why you would want to sue a property owner, the third party, for your damages. While you could, in some cases, file a lawsuit against your assailant in an attempt to recover damages, consider that criminals can get away. Law enforcement may never locate the person that caused you injuries and damages.
Also, if it is possible to locate the criminal and hold them to account, plaintiffs may discover that the perpetrator does not have any resources to compensate them adequately. Therefore, going after the assailant may not be advisable or successful.
The property owner, however, most likely carries insurance and, therefore, could have the means to provide a settlement for your damages. After all, if the property owner or other liable party contributed to the crime by not installing adequate security, they are also responsible and should make a victim whole again.
If you would like to find out more about what negligent security is and how you could potentially hold a property owner to account for your damages, you can consult a negligent security lawyer.
Suing a Security Company
In some instances, the property owner hired a security firm to handle all aspects of premises security. For example, if the security company acted negligently, it may not have provided the services they were hired for or employed untrained and inexperienced security guards. In that case, you may be able to hold the security company to account for what happened to you.
In some cases, there is not only one defendant, and several parties could have been negligent in your case. These can include a property owner, management company, and security company. A negligent security attorney can examine your case in detail and identify all the liable parties. It is crucial to go after all liable parties in order to aim for adequate compensation.
Contact Ben Crump Law, PLLC Now
Do not struggle with a negligent security claim on your own when legal help is available. In the first instance, a lawyer can look at your case and determine whether you have a negligent security case and whom you could sue with your claim. They can also calculate your expenses and damages to ensure that we know the worth of your case and can fight for an adequate settlement that covers all your damages.
You should not be stuck with the physical, emotional, and financial damages when someone else’s negligence contributed to your suffering. The responsible parties should pay for your damages. Call Ben Crump Law, PLLC now, and let one of our team members review your case in a free consultation. Dial (800) 896-1221.