Negligent Security

Understanding Negligent Security

Negligent security is a part of premises liability that focuses on the failure to provide proper security measures. This can include not having enough security personnel, poor lighting, broken locks, or inadequate surveillance systems. When these failures lead to crimes like assaults or robberies, the property owner can be held responsible.

Victims of negligent security or unsafe premises have the right to seek compensation for medical expenses, lost wages, pain and suffering, property damage, and for the wrongful death of a loved one. To make a successful negligent security claim, the injured person must prove four key elements:

1. Duty of Care: The property owner had a legal obligation to ensure a safe environment.
2. Breach of Duty: The owner did not fulfill this obligation by failing to provide adequate security.
3. Causation: The lack of security was a cause of the plaintiff’s injury.
4. Damages: The plaintiff suffered actual harm or losses because of the incident.

Foreseeability is another critical factor in negligent security cases. Courts often look at whether there were previous, similar crimes in the same area that the property owner knew about or should have known about. For example, if there were five shootings in a mall parking lot before the incident in question, the latest shooting would likely be considered foreseeable. Courts also consider how often law enforcement has been called to the property, whether past crimes were violent or had the potential to be violent, how close in time the previous crimes were to the incident in question, and whether the property owner made any effort to protect customers from these events.