When a crime happens on someone else’s property, you may be left with more than just physical and emotional injuries. You could also be left wondering if it could have been prevented. When property owners fail to provide reasonable safety measures, the law may hold them legally responsible through a negligent security claim. Start with help from a negligent security lawyer at Ben Crump Law.
An Introduction to the Legal Concept of Negligent Security
The idea behind negligent security is simple: property owners must keep their premises reasonably safe for guests. This is part of a broader legal principle known as premises liability. This duty extends beyond fixing a broken step or cleaning up a spill. This means that a property owner must take reasonable steps to prevent foreseeable crimes from happening.
A claim of negligent security alleges that a property owner’s lack of care led to you being harmed by a criminal act. The focus isn’t on the person who committed the crime, but on the owner who didn’t take proper precautions to prevent it. This could be a landlord, a business owner, or any party responsible for maintaining a property. If you’ve been hurt, who is responsible for negligent security could be the key question in your legal case.
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The Core Principle: What Is a “Duty of Care”?
In the eyes of the law, a property owner’s obligation to their guests is called a “duty of care.” This duty varies depending on who the guest is and why they are there. For example, a business has a high duty of care to its customers, known as “invitees” legally. A landlord also has a significant duty of care to their tenants, including providing a safe environment.
The Maryland People’s Law Library, a non-profit legal resource, states that landlords are responsible for ” using ordinary care to keep common areas in safe condition.” This is a crucial concept. “Ordinary care” means a property owner must act as a reasonable person would to prevent a known or foreseeable danger. If they fail to do so, they have breached their duty of care, which is a key element of a successful negligent security claim.
Understanding “Foreseeability” in Negligent Security Claims
A property owner can’t be expected to prevent every crime, but they must take action when criminal activity is foreseeable. A crime is considered “foreseeable” if the property owner knew or should have known it was likely to occur on their property. Several factors can establish foreseeability, including:
- Past Crimes on the Property: A history of burglaries, assaults, or other crimes on the premises or in the immediate area.
- High-Crime Area: The property is located in an area with a high crime rate.
- Specific Threats: The owner has received specific threats or warnings of potential criminal activity.
- Lack of Basic Security: A complete absence of basic security measures, such as proper lighting, functioning locks, or security guards in an area where they are needed.
According to a study on business crime, data from the UK’s Office for National Statistics showed that in a recent year, 28% of all business premises were victims of a crime. For premises accessible to the public, this number rose to 34%. This kind of data can be used to show that crime is a common threat, and business owners are responsible for protecting their guests from it. The existence of these statistics helps prove that crime on commercial premises is not an anomaly but a foreseeable risk that owners should prepare for.
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Who Can Be Held Responsible?
The responsible party may not be immediately obvious when a crime occurs due to negligent security. The key is identifying the party with the legal duty of care for the specific area where the crime happened.
- Business Owners: If you were injured in a store, restaurant, or parking lot, the business owner or the company that operates the property may be responsible.
- Landlords: Apartment building owners, condo associations, and other residential landlords are typically responsible for maintaining the common areas of the property, such as lobbies, hallways, laundry rooms, and parking lots. When a landlord fails in their duty of care to their tenants, they can be held liable.
- Property Management Companies: A separate company is sometimes hired to manage a property. They may share responsibility with the owner for maintaining safe conditions.
- Employers: In workplace violence or crime cases, an employer may be held liable for failing to provide adequate security for their employees. This can include failing to conduct proper background checks or not having sufficient security measures in place.
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Examples of Negligent Security
A negligent security claim is often about proving that a property owner’s specific failure led directly to your injury. These failures can include:
- Broken or Missing Locks: Failing to repair a broken gate, a malfunctioning security door, or a faulty window lock.
- Inadequate Lighting: Dimly lit parking lots, stairwells, or common areas create ideal conditions for criminal activity.
- Lack of Security Guards: Not hiring or properly training security guards in a location with a known history of violence or crime.
- Failure to Warn: Not warning guests about a known danger, such as a recent pattern of car break-ins in the parking garage.
- Unsecured Entrances: Leaving back doors or other entry points to a business or apartment complex unlocked and unguarded.
These failures, when they lead to a crime like robbery, assault, or sexual assault, can form the basis for a successful claim. Proving that the owner was aware of the danger but did nothing is often the strongest part of a negligent security case.
Proving Your Case: The Role of an Experienced Legal Team
A claim of negligent security is a complex legal matter. It’s not enough to say that a crime happened and the owner is to blame. You must be able to prove four key elements:
- Duty: The property owner had to provide a safe environment for you.
- Breach: The property owner failed to provide reasonable security, breaching that duty.
- Causation: This breach of duty was a direct cause of the crime that led to your injury.
- Damages: You suffered actual harm, such as physical injury, medical bills, lost wages, or emotional distress.
This is where a legal expert becomes essential. A skilled legal team can investigate a crime scene, gather evidence of previous criminal activity, and use statistics to establish foreseeability. They will work to prove that the property owner’s negligence, not just the criminal act itself, was the reason you were harmed.
An experienced lawyer can work with security experts to show what a “reasonable” level of security would have been under the circumstances. These experts can testify on industry standards for locks, lighting, and security personnel, demonstrating how the property owner’s security measures fell short.
When suing for negligent security, it is important to remember that the legal battle is not against the criminal, but against the property owner and their insurance company. A strong legal team can navigate this difficult process and fight for the compensation you need to recover and rebuild your life.
Your Path to Justice
If you have been the victim of a crime on someone else’s property, you may be dealing with a great deal of physical, emotional, and financial hardship. It is difficult, and you may feel that the justice system is complicated and overwhelming.
But you have rights. The law provides a way to hold a property owner accountable for failing to protect you from a foreseeable crime. A premises liability claim can help you seek compensation for your medical expenses, lost income, and the pain and suffering you have endured.
You do not have to fight this battle alone.
Taking action immediately is critical to preserving key evidence and building a strong case. Contact the Ben Crump Law firm today for a free, private case review to understand your legal options and begin your path to justice. You deserve an advocate who will fight for your rights and work to hold all negligent parties accountable.
Contact the Ben Crump Law firm today for a free, confidential case review. Call (800) 896-1221 today to schedule yours.
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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