What Constitutes Negligent Security?

Written by AskTheLawyers.com™ on behalf of Tyler D. Bailey, Esq. with Bailey Law Firm, L.L.C..

What Constitutes Negligent Security?
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Negligent security is a common problem but not often discussed; it refers to a type of premises liability in which one or more parties are injured due to a lack of reasonable security. Property owners owe a duty of care to the people who pass through or spend time on their property; a duty of care simply refers to the legal responsibility of one party to take reasonable measures ensuring the basic safety of another. A property or business owner can protect themselves from liability by proving that they have put sufficient effort into providing basic security measures at a minimum. The more security a property or business owner can provide to their visitors, customers, and employees, the less liability will fall to them if a crime does occur there.

Places of businesses have an especially clear responsibility to provide security for their customers and employees. When a property owner or business fails to take reasonable measures to provide adequate safety, they could be liable if another party is injured as a result. If you or a loved one were injured by a lack of adequate security, you may be eligible to file a premises liability claim and seek compensation for your damages. To learn more about what constitutes negligent security, reach out to a premises liability attorney to discuss your situation.

Common examples of negligent security include but are not limited to the following:

  • Someone being shot, stabbed, or assaulted inside a place of business where it could have been prevented.
  • Someone being shot, stabbed, or assaulted on a train, subway, or other form of public transportation.
  • Someone being shot, stabbed, or assaulted in a parking lot or parking garage.
  • Someone being shot, stabbed, or assaulted at a nightclub, concert, mall, or other crowded venue.

In any event where a crime is committed on someone’s property, and that crime could have been prevented if proper security measures were in place, it is possible that a negligent security claim exists. Property and business owners must take responsibility for the safety of the people on their property and take whatever measures necessary to prevent crimes which can feasibly be predicted.

Ways to protect against negligent security claims include but are not limited to:

  • Installing security cameras
  • Ensuring adequate lighting
  • Hiring trained security guards
  • Ensuring access to emergency exits and equipment
  • Training all staff for how to deal with emergency situations

Protecting against negligent security is not a difficult process, but can be time-consuming and expensive. However, it may help to note that a lawsuit is often far more time-consuming and costly.

If you are a property or business owner, it’s a good idea to sit down with a premises liability attorney to discuss what kind of security measures you already have in place and in what ways those measures can be improved again. Ensuring adequate security protects not only your visitors, customers, and employees, but also protects you as a property or business owner from liability if a crime is committed on the premises.

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