Negligent Security Claims in Personal Injury

Negligent security claims arise when someone suffers an injury due to poor or inadequate security on a property. This article will help you understand the elements of negligent security and how to pursue a claim. This also includes defenses you might expect from the defendant in a negligent security case.

If you have suffered an injury resulting from ineffective security, contact an experienced personal injury attorney. They will be in the best position to assess your case and determine the best course of action for you.

What Is Negligent Security?

Negligent security is when a business owner responsible for security fails to take appropriate security measures. This includes failure to provide reasonable security and trained security guards. As a result of the lack of reasonable security, someone suffers harm while on the property from criminal activity or criminal acts.

Negligent security is a form of premises liability. The property owner’s failure to provide adequate security makes them liable for any injuries caused by the lack of security. Premises liability law is the body of laws that determine who is responsible for injuries while an invitee is on the property.

What Are Examples of Negligent Security?

Security can be negligent any time a property owner could have or should have done something to prevent an injury due to a lack of security but didn’t. An example includes poor lighting in an apartment building stairwell where an intruder commits a violent crime. Negligent security can also include:

• Negligent hiring of security personnel
• Inadequate window locks or door locks in an apartment complex
• Not trimming shrubs that block window
• Lack of security in parking garages
• Not enough security cameras in a parking lot

If inadequate security leads to an assault or mugging by trespassers, the property owner may be liable for the victim’s injuries.

Can I Sue for Negligent Security?

Yes, you can sue a property owner for negligent security. If you suffer an injury due to a property owner’s failure to provide adequate security measures, you can pursue a personal injury lawsuit. A personal injury lawyer with negligent security experience can identify the liable parties.

What Are the Elements of a Negligent Security Claim?

To establish a negligent security claim, you must demonstrate four elements:

1. Duty: The property owner owed you a duty to provide reasonable security measures.
2. Breach: The property owner breached this duty by failing to provide adequate security. Adequate security can depend on what other similarly situated property owners in the area do for security.
3. Causation: The property owner’s breach of their duty was a direct cause of your injury. A broken property gate might be evidence of negligence. If you were injured by someone who did not enter through that gate, then your injuries would not be caused by that negligence.
4. Damages: The injury caused you to suffer real harm and actual damages, such as medical bills or lost wages. A negligent security lawyer can also tell you about damages for pain, suffering, and mental anguish.

What Damages Can I Recover in a Negligent Security Case?

If successful in your negligent security lawsuit, you may be able to receive monetary damages. Damages include medical expenses, lost wages, pain and suffering, and sometimes punitive damages. When negligent security results in wrongful death, the survivors may be able to receive compensation.

How Do I Prove Negligent Security?

To prove negligent security, you must prove the above elements of a negligent security claim. You will need to prove:

• The property owner knew or should have known about the security risks; and
• The owner failed to take reasonable steps and appropriate measures to fix them.

To prove that a property owner knew of a security risk, you will need to gather supporting evidence. Evidence may include incident reports, witness statements, and security footage. An experienced personal injury law attorney can help you with this.

What Are the Common Defenses To Negligent Security Claims?

Property owners may come up with defenses against negligent security claims. Owners may argue that the security measures the property owner did take were reasonable. Other claims include that the crime was unforeseeable and that your own negligence contributed to or caused the injury.

How Long Do I Have to File a Negligent Security Claim?

The time limit to file a lawsuit is the statute of limitations. This depends on the state law or jurisdiction in which you live. It usually ranges from one to four years. The statute of limitations to sue cities, municipalities, and other government property owners may be shorter than for private property owners. That’s why contacting a negligent security attorney after an injury is crucial.

If you believe you have suffered an injury due to negligent security, you should speak with a personal injury lawyer. An attorney can guide you through the process and help you secure the compensation you deserve.