People who visit locations like shopping centers, hotels, or parking garages expect a basic level of safety while on the property. Residents of apartments or other rental properties also expect that buildings will be safe and secure. Property owners are required to take reasonable steps to protect people who visit their properties from harm, including harm caused by criminal acts. When an owner fails to provide the proper level of security, crimes may occur, and people may suffer injuries and other forms of harm.
Negligent security can be a serious issue in certain locations, including areas where crimes may be more likely to occur. When a property owner has not taken steps to protect customers at a store, residents of an apartment building, or other people who use a property, a person who has been harmed by criminal activity may be able to take steps to hold the property owner responsible. In some cases, negligent security claims may also be filed against security companies that failed to perform their duties correctly.
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What Is Negligent Security?
Premises liability claims may address situations where a property owner did not provide adequate security. Because property owners may be held responsible for injuries that occur due to unsafe conditions on their properties, the duty they owe to visitors or residents includes the requirement to provide proper security. When a property owner has failed to protect people against criminal conduct that was foreseeable, they may be required to provide compensation for the damages that occurred because of their negligence.
When a premises liability claim involving negligent security is filed against a property owner or another party, courts may look at factors such as the crime rate in the surrounding area, whether similar crimes had previously occurred on the property, and whether the owner had received complaints about safety concerns before the incident. These factors can serve as the basis for a claim for compensation.
How Negligent Security Can Put People at Risk
Negligent security can take many forms, and property owners are sometimes unaware of how much a small oversight can increase the danger to visitors. Examples of situations where negligent security can lead to harm for visitors or residents include:
- Inadequate Lighting: Dark parking lots, outdoor walkways, or stairwells can prevent people from seeing criminals who may be approaching.
- Broken or Missing Locks: Doors, gates, or windows that do not provide the proper level of security for a building or property may allow criminals to gain unauthorized access.
- Lack of Security Guards: Properties with a history of criminal activity or locations where large numbers of people are often present may need trained guards, but property owners may fail to hire security teams or ensure that guards are present during the proper times.
- Malfunctioning Surveillance Systems: When property owners fail to provide working security cameras, this may not prevent crimes, and it can also limit the evidence that may be available when crimes take place.
- Poor Access Control: Apartment complexes or parking structures may not have functioning gates, intercom systems, or other measures that prevent unauthorized people from entering.
- Ignoring Prior Incidents: When a property owner has received reports of suspicious activity or past crimes and does not respond and take appropriate measures to address these issues, visitors or residents may be at risk of harm.
Types of Crimes That Can Take Place in Locations With Limited Security
When the proper security measures have not been implemented on a property, certain types of crimes may be more likely to occur. These crimes often include:
- Assault and Battery: Physical attacks may take place in poorly monitored areas such as parking garages, stairwells, or dimly lit walkways.
- Robbery: Theft can occur in areas with limited visibility or foot traffic, or people may break into apartments or other locations to steal items.
- Sexual Assault: Attacks can take place in secluded areas of apartment complexes, hotels, or parking facilities.
- Shootings and Stabbings: Violent crimes can take place in locations without adequate security guards or other measures.
- Human Trafficking: At hotels or other locations, kidnappings may occur, or personnel may not recognize and respond to signs of trafficking activity.
Victims of these crimes may suffer serious injuries, emotional trauma, and financial losses. They may need to receive treatment for injuries, and they may suffer losses due to theft. Assaults or other violent crimes can lead to long-term injuries or permanent disabilities. Victims may take steps to hold property owners responsible for the harm they have suffered and obtain compensation for financial losses, emotional trauma, and other damages.
Legal Options for Victims of Negligent Security
People who have suffered harm because of inadequate security measures on someone else’s property can take steps to address what happened. Reporting the crime to law enforcement is an important first step, as it will create an official record of the incident. A person will also need to receive prompt medical attention for any injuries that have occurred, ensuring that their health is protected and that the harm they have suffered is documented. A victim may also preserve evidence, such as photographs of the scene of an attack and details like broken locks or poor lighting conditions. They may also get contact information from witnesses who saw an incident.
A victim may be able to file a civil claim against a property owner, management company, or hired security provider and address negligent security that led to an injury or other forms of harm. Damages recoverable in these cases may include medical expenses, lost income, other financial losses, pain and suffering, and other forms of compensation for the harm a person suffered.
Legal Help for People Who Have Been Harmed Due to Negligent Security
Negligent security cases can be complex. A victim will need to prove that a property owner should have anticipated a crime and that they did not take reasonable precautions to prevent it. An attorney with experience handling premises liability cases can gather the evidence needed to establish this connection, including crime reports from the surrounding area, maintenance records, security footage, and prior complaints made to the property owner.
A knowledgeable lawyer can also identify all parties who may share responsibility for an incident, such as property management companies, security firms, or landlords. They can negotiate with insurance companies or take other steps to secure compensation for a victim. With legal help, victims can determine what steps may be taken to obtain the compensation they need to recover and move forward with their lives.
