When a property owner fails to take reasonable security measures to keep their establishment and their guests safe, and a criminal act occurs that results in injury or death the property owner may be held liable for inadequate security.
Negligent Security Lawsuits
When a guest at a hotel, resort, apartment complex, or housing unit sustains injury or loss because of criminal activity that could have been reduced or prevented if adequate security measures were used, they may be entitled to seek damages from the property owner, even though someone else committed the crime.
Property owners, especially those that invite guests to their premises, have a duty to their guests to know and warn about foreseeable crimes. Foreseeable crimes are those that have occurred in the past in the area in which the property is located. The court determines negligence based on whether the area has experienced similar crimes in the past that the owner knew about or should have known about.
For example, if you are staying in a hotel in an area where women have suffered sexual assaults in the past, then the property owner has a duty to warn you of these dangers and to take measures to prevent these types of crimes from occurring on their property.
Adequate Security Measures
There is no set definition of what constitutes adequate security measures as the nature of the business, where on the property the crime occurred, and the crime statistics in the area are all taken into consideration when deciding if the property owner is liable.
Types of security measures that may be required to fulfill a business owner’s obligations include:
- security surveillance that is properly monitored
- proper lighting in all stairwells, parking lots, walkways, etc.
- security guards and patrols
- fencing and gates with proper hardware
- maintained landscaping
Businesses can enlist the advice of an attorney or security firm to learn more about what they should do to boost safety on their properties. Any person who suffers personal injury or loss including families of those who lose a loved one because of their injuries may be entitled to seek justice and redress.
What You Have to Prove in a Negligent Security Case
To bring a successful case, you will have to prove certain elements of negligence, namely:
- You were owed a duty of care, and
- that duty was breached by the property owner, and
- the breach was the proximate cause of an injury or loss, and
- you sustained the injury or loss.
Examples of places where you may be owed a duty of care:
- airports and bus terminals
- apartment complexes, condominiums, and gated communities
- ATMs and banks
- churches, schools and daycare facilities
- nursing homes, hospitals, and assisted living facilities
- resorts, hotels, and guest homes
- restaurants, bars, and nightclubs
Examples of persons who may be owed a duty of safety include:
- children
- customers
- employees
- guests
- passengers
- patients
- patrons
- renters
- tenants
- ticket-holders
Possible defendants that may be named in a negligent security lawsuit include:
- event organizers, promoters, and sponsors
- owners, lessors, lessees, managers, or controllers of a business or franchise
- security companies that provide, train, or supervise security personnel
- vendors or contractors who received money to install, maintain, or monitor security equipment
Because of how complex these types of cases can be, you will need an attorney deeply versed in negligent security cases to help you determine who may be liable for the injuries and losses you have sustained.
If You Suffered Damages Due to Inadequate Security We Can Help
If you or a member of your family is the victim of a crime that may not have happened or been as likely to happen if adequate security would have been provided, contact us today. We have the skills, experience, and resources to ensure you get the compensation you need and the justice you deserve.
We have fought for the rights of those harmed by the negligence of someone else for decades, and we will fight for you. Call today to learn more about negligence, your rights, and whether you are entitled to seek justice and compensation for your injuries and losses.
