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Negligent Security Lawsuit

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Negligent Security Lawsuit

Now more than ever, the fear of being victimized by randomized criminal activity in public or on someone else’s property is heightened every time we turn on the evening news and hear about another senseless act of violence near our homes. But what we do not always factor into our thoughts is whether those crimes and injuries were the results of improper or inadequate security measures.

If you or someone you love was the victim of a random crime, you might be wondering if it was merely a case of being in the wrong place at the wrong time. However, inadequate security or negligent security in public or commercial places often results in dangerous conditions, randomized criminal activity, and personal injury.

What is “Negligent Security”?

In the context of premises liability law, the phrase “negligent security” means a situation in which a randomized crime or personal injury occurred in a public place or on a commercial property where inadequate or negligent security measures were in place. The law imposes a duty on the property owners and managers of commercial property to protect against dangerous or criminal conditions that could be otherwise avoided if reasonable security measures were in effect. Very often, a pattern of longstanding criminal activity at or near a commercial property will result in the property owners’ increased duty to ensure adequate security measures in the form of alarm systems, security guards, security cameras, or other means of protection. Our team of attorneys investigates a wide variety of negligent security claims, including:

  • Forced Entry
  • Inadequate Lighting
  • Inadequate Surveillance Of Parking Lot Or Lobby
  • Negligent Hotel Security
  • Negligent Hiring Or Training Practices
  • Attacks In Elevators, Parking Garages, And Stairwells
  • Negligent Bank / ATM Security
  • Negligent Theme Park Security
  • Negligent College Campus Security
  • Negligent Shopping Mall Security
  • Negligent Sporting Event Security
  • Negligent Hospital Or Medical Facility Security
  • Negligent Nursing Home Or Assisted Living Residence Security

The failure to protect people who visit a public or commercial place is often referred to as “negligent security,” but it is sometimes referred to as “inadequate security.” It makes no difference which term is used. Victims of crimes that occur in public or commercial places as a result of negligent security should consider filing a lawsuit against the owner, manager, landlord, or other entity responsible for securing the property.

Premises Liability Laws – Negligent Security

People or organizations owning or controlling land or buildings have a duty to maintain the property in a safe condition and to properly warn individuals of known or potential hazards. Most states have laws in place covering this duty. If someone gets injured on the property, in order to recover damages through a legal suit called a premises liability case, the victim must prove certain things.

First, the existence of a dangerous condition must be proven. In addition, the injured party must also show that the property owner was aware of the condition or should have been aware. Also, the victim must prove that the owner did not take reasonable steps to remove, reduce, or eliminate the danger which directly became the proximate cause of the victim’s injury. When there is an unreasonable risk present on the property, and the risk would not be apparent to most people, a dangerous condition exists.

Duty of a Landowner in a Negligent Security Case

Generally, a landowner does not have a duty to protect individuals from attack by a third party on the owner’s property. Therefore, an injured attack victim would have to prove that the property owner had a special duty to protect the victim from such an attack. Certain situations like contractual provisions, advertising claims, city ordinances, state laws, or the injured party’s relationship to the owner could serve to prove the owner’s duty.

As an example, let’s say the victim had been invited to attend a social function for business reasons or simply as a guest. A number of states have imposed duty of care obligations on property owners, requiring them to make sure invitees are protected from known or “reasonably known” hazards on the property. The term reasonably known means that the hazard should have been known.

If there is a history of prior crimes in the area of the property, this information could serve to show that the owner had a duty to warn attendees of the possibility of an attack. If the potential for criminal attacks exists, many states will hold a property owner responsible for taking precautionary measures to help protect individuals who will be on the property.

Foreseeable Criminal Attacks

The law holds something to be foreseeable if someone can reasonably expect its occurrence, or if an individual who exercises normal cautiousness would anticipate it to happen under the given circumstances. When dealing with a negligent security case, one must remember that states differ in their standards of gauging whether an attack was foreseeable. There are factors that most states use in various combinations when determining foreseeability, including:

Previous Similar Incidents – Comparison of similar criminal activity that previously took place near the property during a certain time period

Imminent Harm – Determination through evidence that the owner of the property knew or should have known that certain crimes were imminent because of previous criminal activity on or around the property

The Totality Of Circumstances – Foreseeability is concluded by the layout and condition of the premises, the location, and other pertinent elements that include previous criminal activity at or near the property

No matter which of the above-mentioned approaches is used, if proof is shown that an attack was foreseeable, the court will determine that duty did exist for the property owner to protect individuals on the property from assault by a third party. Security measures that could have reasonably been used include:

  • Install security systems
  • Actively monitor security cameras
  • Hire a reliable, qualified security service
  • Ensure door locks work
  • Install an intercom/buzzer system
  • Install panic buttons
  • Use building-access-control measures
  • Have single-use key cards

What Must a Plaintiff Prove in a Negligent Security Lawsuit?

Individuals who file lawsuits for negligent security will need to produce certain evidence per the Restatement (Second) of Torts. The plaintiffs must prove that the possessor or landowner did not use reasonable care to discover any previous similar criminal activity or did not give visitors adequate warning to enable avoidance of injury. In essence, plaintiffs must show:

  • Plaintiff was present on the defendant’s property lawfully
  • The defendant breached the duty to provide reasonable security
  • Plaintiff was injured due to actions by a third party, and the defendant should have reasonably foreseen the potential for injury
  • Plaintiff’s injury directly stems from defendant’s breached duty
  • Plaintiff experienced actual damages

Common Defenses Used in Negligent Security Lawsuits

Property owners commonly use certain defenses, depending on each state’s allowance. Some of these defenses are:

  • No Duty Required – There was no duty owed to the injured person by the property owner
  • Sufficiently Adequate Security – Reasonable security was provided by landowner regardless of attack
  • Contributory Negligence – While landowner may have a portion of responsibility for the attack, the plaintiff has some responsibility for not using reasonable care or for taking a risk
  • Apportion Fault – The property owner attributes fault for the victim’s injury fully or partially to the assailant’s criminal intent
  • No Security Measures Are Enough – Landowner argues that no security measures available are capable of stopping this specific kind of criminal (determined by using criminal profiling)

Defendants often use these arguments to counter a plaintiff’s testimony. Therefore, it is wise for a person, injured in an attack while on another party’s property, to speak with a highly skilled negligent security lawyer.

How Can a Negligent Security Lawyer Help?

The experienced negligent security lawyers at The Eichholz Law Firm can help you at every step of your case, beginning with a careful investigation of the location where the crime or injury occurred, to determine the extent of the negligent or inadequate security measures. Our seasoned attorneys will determine:

  • Was there a history or pattern of criminal activity or similar crimes on or near the premises in a time period reasonably close to the date of your injury?
  • What follow-up measures, if any, were taken to ensure that adequate security measures were in place to respond to reports of criminal activity?
  • Was there adequate lighting, railings, locks, and alarms on the premises?
  • Were security guards on duty and was the number of guards appropriate for the size and type of the property?
  • Were employees adequately trained to deal with security threats?
  • Was there an adequate surveillance system on the premises?

We will use these findings to determine the extent of the property owner or manager’s liability for your injuries based on the laws of your home state. We will help you meet the plaintiff’s burden of proving that the commercial property owners knew or should have known that the criminal activity or injury was reasonably foreseeable and that the owner or manager failed to put in place adequate security measures to protect you from harm.

Our experienced negligence attorneys will investigate every detail of your potential case. We will bring in experts in the field of security and use their findings in pretrial reports. Without knowledge of verdicts and settlements in negligent security cases similar to yours, we will help you understand the value of your case and any potential hurdles that we will need to overcome together.

Contact Our Negligent Security Lawyers

If you were injured as a result of criminal activity negligence on someone else’s commercial property, you should contact the experienced negligent security lawyers at The Eichholz Law Firm as soon as possible to discuss your rights and next steps. 

Our attorneys are available to answer all of your questions and will work tirelessly to get the justice you deserve.

Please seek the advice of a medical professional before making health care decisions.
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