Negligent Security and Premises Liability

Negligent security and premises liability represent crucial legal areas that significantly impact the safety and well-being of individuals on another’s property. In our increasingly litigious society, a thorough understanding of these concepts is not just beneficial; it is essential. These areas of law are complex, encompassing a range of scenarios from slip and fall accidents to more severe cases like assaults or wrongful deaths due to inadequate security measures.

Breit Biniazan stands out as a beacon of expertise and support in this intricate legal landscape for numerous reasons:

• Expertise in Premises Liability Law: Breit Biniazan’s team of attorneys specializes in premises liability law, possessing a deep understanding of both state and federal regulations. This expertise is critical in navigating the often complex and nuanced aspects of negligent security cases.
• Experience with a Range of Cases: From minor injuries to tragic wrongful deaths, Breit Biniazan has experience handling a wide spectrum of cases under premises liability. This breadth of experience allows them to adeptly manage any case, regardless of its complexity or severity.
• Commitment to Victims’ Rights: At the heart of their practice, Breit Biniazan is dedicated to defending the rights of victims. They understand the physical, emotional, and financial toll that negligent security incidents can impose on individuals and their families and are committed to seeking justice and fair compensation for these hardships.
• Comprehensive Legal Support: Beyond representing clients in court, Breit Biniazan provides comprehensive legal support. This includes helping clients navigate the legal system, understanding their rights, gathering evidence, and negotiating with insurance companies.
• Client-Centered Approach: Understanding that every case is unique, Breit Biniazan adopts a client-centered approach. They take the time to understand the specific circumstances and needs of each client, ensuring personalized and effective legal strategies.
• Proven Track Record of Success: With a history of successful outcomes in premises liability cases, Breit Biniazan has established themselves as a reliable and effective legal ally. Their proven track record offers reassurance to clients that their case is in capable hands.
• Resource Availability: The firm has access to a wide range of resources, including expert witnesses, investigators, and the latest legal technologies, all of which are crucial in building a strong case for their clients.
• Strong Community Ties and Reputation: With strong ties to the community and a reputation for integrity and professionalism, Breit Biniazan has established trust not only among their clients but within the wider legal community.

Overview of Negligent Security and Premises Liability

Negligent security and premises liability are legal concepts deeply intertwined with the responsibility of property owners to ensure the safety of individuals on their premises. These areas of law address situations where injuries or even wrongful deaths occur due to inadequate security measures or unsafe conditions on a property. 

Elements of Negligent Security Claims

To establish a negligent security claim, several elements must be proven. Firstly, the existence of a legal duty owed by the property owner to the injured party. Secondly, a breach of that duty through inadequate security measures. Thirdly, a direct causal link between the breach and the injury sustained, and finally, actual damages resulting from the injury.

Duty of Care and Standard of Care

Property owners owe a duty of care to all lawful visitors to ensure their safety. This duty encompasses implementing reasonable security measures to prevent foreseeable harm. The standard of care varies depending on the property type and location, with higher standards often imposed on establishments such as hotels, hospitals, and schools.

Types of Premises Liability Cases

Premises liability cases can range from slip and fall accidents to more complex scenarios involving criminal activities facilitated by inadequate security. These cases often involve assaults, robberies, or other harms that could have been prevented with proper security measures.

Factors That Determine Property Owner’s Liability

Several factors influence the determination of a property owner’s liability, including the foreseeability of the crime or injury, the property’s history of similar incidents, the nature of the property’s use, and the cost and feasibility of implementing adequate security measures.

Common Security Negligence Scenarios

Common scenarios where security negligence is often highlighted include inadequate lighting in parking lots, lack of security personnel in high-risk areas, faulty locks or security systems, and the absence of surveillance cameras where needed.

Gathering Evidence in a Negligent Security Case

Evidence gathering is crucial in proving negligent security. This may include obtaining security footage, police reports, witness statements, and records of previous incidents at the property. Expert testimony can also be instrumental in establishing the standard of care and breach thereof.

Damages and Compensation in Premises Liability Lawsuits

Victims of negligent security can claim various damages, including medical expenses, lost wages, pain and suffering, and, in severe cases, compensation for permanent disability or disfigurement. Punitive damages may also be awarded in cases of gross negligence.

Defenses Against Negligent Security Claims

Property owners may defend against negligent security claims by proving the implementation of reasonable security measures, the unforeseeability of the criminal act, or the victim’s contributory negligence. They might also argue that the criminal act was an intervening cause beyond their control.

Hiring a Qualified Premises Liability Attorney

Navigating a premises liability case requires legal expertise. Victims should seek attorneys experienced in negligent security cases, like Breit Biniazan. These lawyers will have the knowledge and resources necessary to build a strong case, negotiate with insurance companies, and, if necessary, represent the victim in court.

The legal landscape of negligent security and premises liability is complex, but understanding these key points can provide clarity for those affected. Whether you’re a property owner striving to maintain a safe environment or a victim seeking justice for an injury, being informed is the first step towards resolution.

Contact our negligent security attorneys today.