Negligent Security

According to figures released by the FBI, in 2002 there were 894,348 aggravated assaults, 95,136 forcible rapes and 16,204 murders and non-negligent manslaughter cases. Many of these attacks are preventable and are the result of negligent security. Security liability cases seek to show this negligence. 

Premises and Security Liability" laws state that property owners are responsible for protecting visitors from harm, and that includes criminal activity. They must provide adequate security.

Proper lighting, security patrols, and security hardware on the doors and windows are at the top of the list. 

Most lawsuits for inadequate security involve apartments and businesses. The laws for premises liability also cover homes, motels, clubs, shopping centers, and just about any other building open to the general public.

Examples of negligent security include:

• Landlord Liability. A landlord’s failure to comply with laws requiring security devices such as window or door locks is negligent security. A landlord is liable for any crime resulting from such failure.
• Negligent Security Liability for Owner of Known and Dangerous Location. When an owner of property knows that it is dangerous, the owner is liable for any injury caused by a failure to provide security guards or other reasonable safety measures if the public is invited on the location or it is known that the public visits the location.
• Bank Security Liability. Due to the number of bank robberies, banks are dangerous places. Banks are liable for inadequate security which leads to injury.
• Negligent Security Liability for Owner Who Fails to Protect Against Known Dangerous Individuals. If a business owner or other property owner knows of a dangerous individual on the property, he is liable for any injury that is caused by that individual.
• Employer Security Liability for Negligent Hiring. Employers are liable for negligent hiring, including failure to do background checks on predatory employees.

What to do If You Have Been Injured Due to Inadequate Security
Here are some steps you can take to increase your chances of getting what you need and deserve.

• Promptly report the incident to the police.
• Seek immediate medical treatment. If you were raped or sexually assaulted request an appropriate examination to document your injury.
• As quickly as possible, get the names, phone numbers and addresses of all witnesses involved. Take photographs of the scene if you can.
• Do not sign any documents relating to the incident. Do not discuss your case with anyone except the police. Most parties that you will need to deal with, including insurance companies, do not have your best interests in mind.
• Find a good attorney as soon as possible. You may have to file a suit within a specific time frame, according to the "statutes of limitations." You also need to keep in mind that evidence in cases like yours can disappear overnight.

Compensation for Injury Due to Inadequate Security

If you have been injured on someone else’s property, and you suspect inadequate security was part of the problem, premises and security liability may be able to recover the cost of your medical bills, pain and suffering, and loss of earnings, both now and in the future. 

To receive compensation, you must prove that the property owner owed you a duty of care; knew, or should have known, that there was potential for crime on the premises; failed to provide adequate security; and that the failure to provide security was a direct cause of your injury or damages.