Negligent Security Claims

Premises liability cases involve a case in which an individual is injured due to the negligence of another party that owns, controls or has care and custody of a property. Premises liability claims can involve many different matters, including those involving negligent security. When it comes to these types of instances, individuals who are victims of criminal activity or injury on a  premises may be able to hold the owners liable for damages related to their injuries.

Definition of Negligent Security

Negligent security refers to a situation in which an individual or entity fails to implement appropriate measures to protect individuals and property against possible criminal activity. This often arises in the context of property owners, property managers, and other entities responsible for the safety of guests, tenants, or customers.

The absence or inadequacy of security measures such as surveillance cameras, access controls, or security personnel can give rise to liability for injuries and damages resulting from criminal acts.

A crucial factor in determining this liability involves demonstrating that the responsible party possessed a reasonable expectation that such criminal acts could occur and negligently failed to take necessary precautions.

Examples of Negligent Security

Negligent security refers to a business, organization or individual’s failure to provide sufficient protection against potential threats. This can have serious consequences, such as physical injury, property damage or even death in extreme cases.

Examples of negligent security range from:

• Improperly secured building entrances
• Inadequate lighting
• Failure to monitor video surveillance footage
• Not providing trained security guards

Any situation that creates an unsafe environment for the public is an example of negligent security. It is important for businesses and organizations to take proactive measures to protect those on their premises in order to avoid legal issues stemming from a lawsuit due to insufficient security.

Statutory Requirements for Negligent Security

Negligent security occurs when a person responsible for providing a secure premises fails to do so, resulting in harm to another person. As negligence is a civil wrong, remedies may be pursued under tort law.

Generally speaking, negligent security claims must comply with the standard requirements of proving that the defendant owed the injured party a duty of care, acted without due care, and caused the damages suffered by the plaintiff.

Statutory requirements may also impose additional exposure to liability that cannot be disposed of through common law practices alone.

Each state usually has separate statutory provisions or an individual body of law which defines how parties may pursue or defend such claims as well as outlining available remedies for victims.

Elements of Negligent Security Claims

Negligent security claims typically involve cases where the plaintiff was injured due to a breach in security protocols. Premises liability laws generally dictate that property owners have the responsibility to maintain a safe environment for visitors and customers by providing adequate security measures.

There are three fundamental elements necessary to establish a successful claim of negligent security:

• Direct causation
• Duty of care
• Legal structure

Burden of Proof in Negligent Security Claims

The burden of proof in such cases falls on the plaintiff, who must meticulously demonstrate that the property owner or manager failed to provide adequate security measures, which in turn led to their victimization.

To establish this connection, the plaintiff’s legal team often faces several challenges, such as unearthing prior incidents in the area, ascertaining the foreseeability of the crime, and proving that additional security measures could have mitigated or prevented the harm.

The intricate nature of these cases requires persistence, diligence, and expertise, so as to successfully navigate the myriad of legal elements and potential defenses that may arise. A thorough understanding of the ins and outs of negligent security claims and the burden of proof are essential to achieving justice for victims.
If you have been injured due to negligent security, contact our premises liability attorneys for expertise.

Damages Recoverable in Negligent Security Claims

Economic damages may include compensation for medical expenses, lost earnings, and ongoing medical care due to sustained injuries. Non-economic damages may be granted for intangible losses such as pain and suffering, emotional distress, and loss of companionship.

It is important to consult with an experienced premises liability attorney in order to accurately assess the full extent of damages in a negligent security claim, ensuring adequate compensation and mitigating the potential for future harm.
Contact our premises liability lawyers, today.