Negligent security claims are a form of premise liability.
Every property owner in the state, including property managers and tenants, have an obligation to provide adequate security for their guests. They must protect visitors against criminal actions, including robbery, rape, assault, murder, or another crime against the person.
When the property owner does not take precautions to prevent such incidents, they could be liable for the injuries sustained by the victim.
Whether you are a homeowner or property owner, there are ways you can bolster the security of your property and prevent these tragic injuries from occurring.
If you are the victim of negligent security, and you have suffered serious injuries, speak with a personal injury advocate. An attorney can explore your options for compensation, but also ensure that the property owner corrects the hazards so that no one is injured in the future.
How Does Negligent Security Occur?
In a negligent security claim, certain elements are often present. These elements establish the property owner’s negligence when securing their property; therefore, if you wish to increase the security of your property, you must avoid these hazards.
- Broken locks on entry points.
- Lack of security cameras or surveillance camera monitoring.
- Lack of safety barriers and fences.
- Lack of security procedures and safety procedures in place for guests and tenants.
- Limited or no security personnel on site.
- Inadequate lighting or no lighting in parking lots, sidewalks, and dark pathways.
Crimes do not need to be foreseeable for property owners. Instead, a property owner should use reasonable judgment. While they cannot predict crime, they can prevent crimes from happening in the more obvious situations, such as a dark parking lot.
Where Do Negligent Security Injuries Occur?
Negligent security claims are commonly found in areas like:
- Shopping Malls
- Grocery Stores and Parking Lots
- Hotels and Motels
- Resorts
- Parking Garages
- Shopping Centers
- Schools
Most negligent security cases occur on commercial property; therefore, commercial property owners should consider their safety and liability. Then, design a safety protocol that addresses known hazards and examines potential security issues on-site.
What Damages Does a Property Owner Pay?
If negligent security injuries arise, the property owner might be liable for the following types of damages:
Medical Expenses
All medical expenses associated with the injury, including past medical costs, current treatments, hospitalizations, surgeries, prescription medications, and future treatments are compensable.
Pain and Suffering
Most negligent security injuries are traumatic. A person could easily suffer anxiety, depression, or in severe injuries post-traumatic stress disorder (PTSD). Therefore, the owner of the property may be liable for pain and suffering damages.
Lost Wages and Loss of Earning Capacity
As the victim recovers from his or her injury, they might miss work. Therefore, the victim can seek lost wages from the responsible party. Also, if the victim suffers catastrophic or permanent injuries, he or she may also seek damages for lost earning capacity if they cannot return to work.
Disfigurement or Disability
Permanent injuries that leave a victim with disfigurement or permanent disability also receive special compensation.
Punitive Damages
In particular cases, the property owner may be forced to pay punitive damages, especially if they were grossly negligent. For example, a property owner that has had a history of crimes occur in their parking lot but failed to install lighting or security personnel.
Have You Been Injured On Someone Else’s Property?
If you’ve been injured due to neglect while on someone else’s property you need to speak with an experienced premises liability lawyer as soon as possible. Contact us online or call our office directly at (800) 234-9556 to schedule your free consultation.
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