The Cassidy Law Firm Blog

Monday, February 10, 2020

What Is a Negligent Security Claim?

Property owners have certain duties to visitors. They must take reasonable measures to ensure the property is free from hazards and is secure. When a property owner fails in this duty and someone is hurt as a result, the victim may bring a premises liability claim seeking compensation for the damages he or she has sustained. A negligent security claim is one, more specific, type of premises liability claim that a victim may bring

What is a Negligent Security Claim?

At its core, a negligent security claim is about a property owner failing to take proper security measures to help prevent property visitors from being victims of certain types of criminal activity while on the property. To hold a property owner accountable in a negligent security claim, you will need to be able to prove that he or she owed you a duty and was negligent in the duty to have reasonable security measures in place. You will also need to prove that the negligent security caused your injury.

A property owner will not be liable for every crime that occurs on the property. It is a fact specific analysis that will hinge on questions like whether or not the crime was one that was foreseeable and one that could have been prevented with adequate security measures in place. Information such as the criminal history of the property can be highly relative in this analysis. If a particular piece of property has a history of crime, the property owner is responsible for increasing security measures to help ensure the crime is minimized. Essentially, you must be able to show that a reasonable property owner would have identified potential security risks and put certain preventative measures in place.

Negligent security claims, also referred to as inadequate security claims, can arise at a variety of property types. For instance, the negligent security claim may have arisen at locations including:

  • Apartment complexes
  • Parking lots
  • Shopping centers
  • Hotels
  • Schools
  • Grocery stores
  • Dance clubs
  • Concert halls

A property owner who is negligent in providing adequate security measures may have had security shortcomings such as:

  • Insufficient parking lot lighting
  • Failure to install an alarm system
  • Failure to install effective locks
  • Failure to install security cameras
  • Failure to monitor security cameras
  • Failure to properly train staff members
  • Failure to conduct due diligence in the hiring of security personnel

As you can see, a person may be a crime victim due to negligent security in a number of locations and due to a number of different oversights by a property owner. Unfortunately, the negligence of the property owner can have devastating consequences for the crime victim. The victim may be injured and likely traumatized by a crime that could have been prevented had adequate security measures been in place.

Premises Liability Attorneys

If you have been the victim of a crime that occurred on someone else’s property, you may be able to bring a negligent security claim seeking compensation for the harm you have endured. The Cassidy Law Firm is here for you. We will investigate your case and pursue all avenues of monetary recovery as we stand by your side the whole time. Contact us today.

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