Negligent and Inadequate Security
A negligent security claim arises when the criminal activity of a third party causes injuries to a party while on private property. Business and land owners have a legal duty to protect guests, renters, and patrons from harm caused by criminal acts that are reasonably foreseeable. Criminal acts are foreseeable when they can reasonably be expected to occur under the circumstances. Prior offenses on the property or in the immediate area may give rise to the forseeability of future ones.
Adequate Security
Failure to provide adequate security places residents and guests at risk of injury or death. Adequate security includes providing the necessary number of security guards, adequate training of guards, installing and maintaining security cameras, installing alarm systems, providing sufficient lighting, maintaining locked gates and automated gates, and clearing walkways of obstructions that allow criminals to “sit in wait” for victims. However, what constitutes adequate security is based upon the individual circumstances. In the case of a mom-and-pop store with a few employees, for example, it might be unreasonable to require that a full-time guard be posted.
Examples of Business and Land Owners with a Duty
Business and land owners owing a duty include: apartments, condominium associations, home owners’ associations, parking lots, night clubs, event promoters, adult entertainment clubs, bars, hospitals, public schools and universities and private security companies contracted to provide security for the premises. Internet dating web sites have also been named in litigation for failure to institute some type of reasonable background check of registered users.
Business and Land Owners can create a Duty
Private security companies can create a duty by assuming a contractual obligation to protect the safety of patrons of a business or residents of a housing development. Apartment complexes or condominiums can broaden duties by advertising or adding security measures. Once an apartment complex or condominium installs walls, gates or lighting, they have a duty to maintain them and make sure they are operational. Marketing security as a priority or marketing a community as being safe creates a reasonable expectation of safety for residents and visitors.
Proof Required for Successful Litigation
The attorney must prove that: (1) the defendant had a duty to prevent the injury or death that occurred on the premises; (2) the defendant provided negligent or inadequate security; and (3) the defendant’s negligence or inadequate security was a proximate cause of the injury or death.
The Law Firm of Kwall, Showers, and Barack, P.A. is prepared to assist you with any case involving negligent security or related incidents. Our fees for services are paid only if we make a successful recovery for you.
Call our office at 727-441-4947 to schedule your free consultation.
