Property owners are responsible for providing “reasonable protection” and keeping the premises as safe as possible. This calls for security measures to help prevent or intervene during situations that could cause injury. If you have been hurt because a property owner failed to provide reasonable protection, they should be held accountable. Here’s what you need to know about negligent security cases before you file a claim.
What is Negligent Security?
Also known as premises security or inadequate security, negligent security is when the person responsible for ensuring your safety fails to offer protection during a violent act. Visitors who suffer an injury from an attack or other crime have a legal right to seek damages.
Negligent security claims can be filed against businesses or owners of public settings, including:
- Shopping malls
- Retail stores
- Music venues
- Sporting arenas
- Trains and subways
- Parking garages
- Apartment complexes
How Does a Plaintiff Prove Security Negligence?
Negligent security claims often require thorough investigations to uncover evidence that supports the plaintiff’s claims. Proving that the property owner was negligent depends on various factors.
Did the property owner take measures to prevent crime and other incidents on the premises? Common examples of reasonable protection include:
- Hiring security personnel
- Setting up surveillance cameras
- Installing locks and gates
- Ensuring adequate lighting
Foreseeable Criminal Activity
Could the property owner have foreseen the crime? Three tests are used to establish foreseeability in negligent security cases:
- Imminent harm: Business owners must warn the patron or call the police if they discover that the patron is in peril.
- Prior criminal incidents: If similar crimes have occurred in the area recently, the plaintiff may argue that the business owner should have taken further steps to protect their patrons.
- Totality of the circumstances: This test accounts for prior security measures, the character of the neighborhood, and any previous crimes in the area to determine whether the incident should have been foreseeable.
What Damages Can a Plaintiff Claim in a Negligent Security Case?
You can seek compensation for the following:
- Economic damages, including medical expenses, lost wages, property damage, and other monetary losses resulting from your injuries
- Noneconomic damages, such as physical pain and suffering, emotional distress, and other nonmonetary losses you suffer because of the incident
If you need help litigating a negligent security case, get in touch with Taps & Associates. We’ll help you receive the compensation you deserve for the tragic pain and suffering you have endured! Our lawyers give their personal attention to every case, providing professional advice based on years of extensive experience. To schedule a free consultation, please contact us online or call 404-492-8746 today.