During a typical week, you might visit a dozen different businesses or properties. And most of those weeks, nothing noteworthy happens at any of these locations. But what if something does happen and you are assaulted and injured on someone else’s property? Unfortunately, these cases are common. They are called negligent security cases and they fall under premises liability law.
If you have been injured on another person’s property as a result of poor security you should contact a negligent security lawyer to help with your case.
Keep reading to learn about claims and how an attorney can help.
What Is Negligent Security?
It is part of premises liability law. Premises means location (i.e., business, home, land), and liability means being responsible by law.
The term negligent generally means failure to take proper care. A person or business can be found negligent if they do not take proper care to secure their property from security threats. For example, if a person is injured during a store robbery, the store owner could be found negligent if they did not take proper steps to keep their shop secure.
Not every crime is a negligent security case. If a property owner did everything they could to keep visitors safe and the crime happened anyway, they may not be found liable.
The purpose of this law is to protect people that live or visit residential and commercial properties and hold property owners responsible for proper security. For more detail and examples of cases, read below.
How to Prove It
A security negligence lawyer must work with his or her client (the plaintiff) to prove specific criteria during a negligent security case. First, they must show that the plaintiff was on the property lawfully. If the plaintiff was trespassing during the time of the incident, they may not be able to hold the property owner liable.
Next, the plaintiff must show that the property owner did not have or did not maintain a reasonable level of security. After that, they must show that lack of security helped to cause the plaintiff’s injuries. The plaintiff must show that the property owner did not provide enough warnings which contributed to the damages. Finally, they must show that the injury or harm from the incident caused real damage.
In summary, the plaintiff must show that the property owner was negligent in protecting reasonable security against foreseeable criminal activity. A case determines foreseeable criminal activity by answering questions like:
- Have other similar incidents happened on the property?
- Did the owner react to potential harm by informing the plaintiff or contacting law enforcement?
- Did the neighborhood or area have adequate security measures?
The criteria for foreseeable criminal activity depends on the state laws. Generally, if the property owner could have prevented, warned, or acted immediately but did not they could be liable under negligent security.
Examples
Reasonable security means different things for different properties. However, there are some common security issues typically found in negligent security cases.
Improper Lighting
Bright lighting may deter criminal activity. Therefore, if a business owner doesn’t provide adequate lighting they could be putting visitors at risk. The owner is responsible to fix broken lights or dim lights in a reasonable amount of time.
Improper Security System
Property owners are responsible for having a reasonable security system. That could include cameras, alarms, guards, or padlocks. The owner also has to fix any broken parts of the security system. The security system may also include properly functioning gates, well-trained personnel, and well-marked emergency exits.
Where Do Negligent Security Incidents Happen?
These cases can happen in any location where a property owner failed to take proper care securing the property. A few examples of case locations include:
- Shopping mall
- Grocery store
- Parking garage
- Parking lot
- Apartment
- Hotel
- Restaurant/bar
- Casino
- Government building
- Amusement park
- School/college.university
- Hospital
- Sporting event
- Airport
- Nightclub
These cases can happen on public or private property but the rules for each type are different. If you were harmed at any of these locations as a result of poor security, you may have a negligent security case. Working with a negligent security lawyer could help you. They have experience in negligent security settlements.
Damages From Cases
When a person suffers an injury in a negligent security case they may be entitled to compensation. For example, if a person has a broken bone they may seek compensation for medical costs related to the injury. If the broken bone caused them to miss work they could also seek compensation for lost wages.
In some cases, the plaintiff seeks damages for non-economic losses. Non-economic losses include pain and suffering, emotional damage, or trauma.
If a person dies as a result of negligent security, the case may be a wrongful death lawsuit. If you or a loved one has been involved in a negligent security incident, talk to a negligent security lawyer right away. They can help you navigate the legal process and get the compensation you deserve.
Why Hire a Lawyer?
A lawyer has your best interest in mind. They will ask you questions about the incident and collect evidence. They will present your case and seek appropriate compensation.
The legal process can be intimidating and you don’t want to face it alone. An attorney will answer all of your questions and walk you through the process step-by-step.
Have a Negligent Security Case? Contact Cummings Law Today
If you’ve been involved in a negligent security case the time to act is now. And at Cummings Injury Law we are here to help you. Brian Cummings is an experienced personal injury lawyer that has handled cases just like yours.
He will fight to get you the compensation you deserve. Contact Cummings Injury Law today.
Posted in: Security Law