Negligent security is an area of premises liability that requires individuals and companies to ensure a certain level of public security. It refers to holding a property owner liable for injuries or damages that occur on their premises because of a lack of security.
Typically, the danger comes from a third-party offender, not the property owner themselves, and may include rape, robbery, vandalism, shootings, assault and battery, murder, and sexual assault. The law applies to commercial property and residential.
Some Examples of Negligent Security
Although criminal acts can take place anywhere, in the context of negligent security, some examples where this might come into play are:
- Shopping malls.
- Amusement parks.
- Parking lots.
- Sporting events.
- Apartment or condo complexes.
The idea is that with enough security (security guards, cameras, secure door locks, alarms, etc.), many of these crimes could be prevented or solved quickly. Without security measures in place, the public who visit these places are more exposed to danger.
Some things that might lead to a negligent security claim are:
- Poor or low lighting where perpetrators could hide in the shadows and then attack.
- Security systems that fail to work correctly, such as broken cameras, no recording system, or backups.
- Broken locks.
- None or inadequate surveillance.
- No security guards.
What Does the Law Entail?
The negligent security law provides that the plaintiff must prove that the owner failed to provide adequate security, which directly led to their injury or attack. The person suing also needs to prove that they were legally able to be on the property (not breaking in). If the owner had provided reasonable security, the incident would not have taken place.
A big part of this law is “foreseeability,” meaning that an attack was inevitable due to the lack of security. This can sometimes be proven by looking at historical reports that the same or a similar crime occurred before in the same general location.
Negligent security can be confusing and often requires professional help. Contact your negligent security attorney today for assistance proving your case.