Premises Liability Due to Negligent Security

Premises liability encompasses a wide range of issues related to unsafe conditions on property, but one critical and often overlooked aspect is security. When property owners or managers fail to implement adequate measures to protect visitors from foreseeable criminal activities or safety threats, it can lead to serious incidents such as assaults, robberies, or other violent crimes.

Whether it’s an apartment complex, shopping center, or hotel, property owners have a legal obligation to provide a safe environment for their guests. When they neglect this duty by failing to secure their premises properly, they may be held liable for the resulting harm. Nix Patterson’s attorneys are dedicated to holding these responsible parties accountable.

Here, we’ll explore what constitutes negligent security, common scenarios where it arises, and the types of damages you might be entitled to if you’ve been affected by such negligence. Before we do that, though, we have to understand some of the key aspects of premises liability as they relate to negligent security — particularly duty of care.

Understanding the Key Concepts of Premises Liability

Premises liability law focuses on the responsibility of property owners and occupiers to maintain safe conditions on their premises. When it comes to negligent security, this area of law becomes particularly significant. Understanding the key concepts of premises liability can help clarify how negligent security fits into this legal framework and what it means for those seeking redress. Here’s a breakdown of the essential elements:

Duty of Care

The duty of care refers to the legal obligation of property owners to ensure that their premises are reasonably safe for visitors. This duty varies depending on the visitor’s status—invitees, licensees, or trespassers.

• Invitees: Property owners owe the highest duty of care to invitees, who enter the property for the benefit of the owner or for a commercial purpose (e.g., customers or clients). This includes implementing adequate security measures to protect them from foreseeable criminal acts.
• Licensees: Licensees enter the property for their own purposes but with the owner’s permission (e.g., social guests). While the duty of care is lower than for invitees, property owners must still address known hazards and provide adequate security measures against foreseeable risks.
• Trespassers: Trespassers enter the property without permission. Property owners have a minimal duty of care towards trespassers and are generally not required to provide security. However, they must avoid intentionally harming or setting traps for trespassers.

Foreseeability of Crime

In negligent security cases, one of the critical concepts is the foreseeability of crime. Property owners are expected to anticipate potential security risks based on the location, history, and nature of their property. If a property has a history of criminal activity or is situated in a high-crime area, the owner should take reasonable steps to prevent crime. Failure to do so can be deemed negligent if an injury or crime occurs as a result.

Breach of Duty

A breach of duty occurs when a property owner fails to fulfill their obligation to provide a safe environment. In the context of negligent security, this may involve inadequate lighting, insufficient security personnel, malfunctioning surveillance systems, or poorly maintained security equipment. To establish a breach, it must be shown that the property owner did not meet the standard of care expected in similar circumstances.

Causation

To hold a property owner liable for negligent security, you must demonstrate that their breach of duty directly caused the harm or injury. This involves showing a clear connection between the inadequate security measures and the incident that occurred. For instance, if a lack of adequate lighting contributed to a crime, you would need to prove that poor lighting was a significant factor in the incident.

Damages

In premises liability cases involving negligent security, damages refer to the compensation sought for the harm suffered due to inadequate security. This can include medical expenses, lost wages, pain and suffering, and other losses directly related to the crime or injury. Proving damages requires documentation of the financial and personal impact of the incident.

Now that you understand the key concepts let’s take a moment to better understand what could be considered negligent security. This will help us make a determination on the validity of your case.

What Legally Constitutes Negligent Security?

Legally, negligent security is assessed based on whether the property owner has met their duty of care to maintain a safe environment. Here’s what constitutes negligent security from a legal perspective:

Failure to Implement Adequate Security Measures

Property owners are required to provide reasonable security measures appropriate to the risks associated with their premises. Adequate security measures may include:

• Surveillance Cameras: Properly functioning and strategically placed security cameras can deter crime and capture evidence if an incident occurs. Negligent security may involve having outdated, malfunctioning, or insufficiently positioned cameras.
• Lighting: Adequate lighting around entrances, parking lots, and other common areas is crucial for deterring criminal activity. Poor lighting or non-working lights can create opportunities for crimes to occur without detection.
• Security Personnel: For certain types of properties, such as shopping centers or apartment complexes, the presence of security personnel can be a necessary measure. Negligent security might involve a lack of security guards in areas known for high crime rates or inadequate training for security staff.
• Access Control: Proper access control measures, such as secure locks, gated entrances, or keycard systems, are important for restricting unauthorized access. Failing to maintain or upgrade these systems can constitute negligence.

The Foreseeability of Criminal Activity

Like we said above, the concept of foreseeability is central to determining negligent security. Property owners must anticipate and address potential security risks based on factors such as:

• Crime Statistics: If a property is located in an area with a high incidence of crime, the owner should take enhanced security measures. Ignoring known risks or patterns of criminal behavior can be seen as negligent.
• Previous Incidents: A history of prior crimes on the property, such as assaults, thefts, or vandalism, requires property owners to improve security measures. Failure to address known security issues after such incidents can be considered negligent.
• Nature of the Property: The type of property and its use can affect the level of security required. For example, properties frequented by large numbers of people, such as malls or schools, may require more robust security measures than residential properties.

Inadequate Response to Security Issues

Negligent security also encompasses the failure to address known security issues in a timely manner. This includes:

• Ignoring Maintenance: Failing to repair or maintain security systems, such as broken gates, damaged cameras, or malfunctioning alarms, can lead to negligent security claims.
• Lack of Policy Updates: Outdated security policies or procedures that do not reflect current risks can be a sign of negligence. Regular reviews and updates to security practices are necessary to address evolving threats.
• Ineffective Training: Security personnel must be properly trained to handle potential threats and respond effectively to incidents. Inadequate training or insufficient supervision of security staff can contribute to negligent security.

A Direct Link Between Negligence and Injury

To establish a case of negligent security, it must be shown that the property owner’s failure to implement adequate security measures directly led to the injury or crime. This involves proving that the lack of appropriate security was a significant factor in the occurrence of the incident and the resulting harm.

Let’s make things a little more concrete now by discussing some common types of negligent security cases.

What Are Some Common Types of Negligent Security Cases?

Negligent security cases can vary widely depending on the nature of the property and the specific security lapses involved. Here are some common types of negligent security cases we see at Nix Patterson:

Assaults and Violent Crimes

Assaults, including physical attacks and violent altercations, are prevalent in negligent security cases. When properties such as apartment complexes, hotels, or bars fail to implement adequate security measures like surveillance cameras, security personnel, or proper lighting, they may be held liable if such deficiencies lead to violent incidents. For example, if an apartment complex has a history of assaults and fails to enhance security measures, victims of subsequent attacks may have grounds for a negligent security claim.

Robberies and Thefts

Robberies and thefts can occur in environments with inadequate security, such as poorly lit parking lots, unsecured entrances, or lack of surveillance. Retail stores, shopping centers, and office buildings that fail to maintain effective security protocols may be liable if their negligence contributes to theft or robbery. For instance, a retail store with insufficient security cameras or inadequate lighting might be held accountable if a robbery takes place and the security lapses are proven to be a contributing factor.

Rape and Sexual Assault

Cases of rape or sexual assault occurring on properties with inadequate security measures are particularly serious. Properties like dormitories, hotels, or public facilities that neglect proper security protocols—such as functioning locks, security personnel, or emergency response systems—can be held liable if these deficiencies lead to such heinous crimes. For example, a hotel with malfunctioning locks on guest rooms may be found negligent if a guest is assaulted as a result.

Vandalism and Property Damage

Negligent security can also lead to vandalism or property damage. Properties that do not address known security issues, such as broken fencing or non-functional security cameras, may be held liable if these failures result in vandalism or damage. For instance, a business with inadequate surveillance might face a negligent security claim if its premises are repeatedly vandalized and the lack of proper security measures is shown to have contributed to the damage.

Regardless of where your incident occurred or how you’ve been injured, you may be entitled to compensation. Let’s take a look at what that might look like for you.

Damages Available in Negligent Security Cases

In negligent security cases, damages are designed to compensate for the harm caused by inadequate security measures. Here are the primary types of damages you may be entitled to:

• Medical Expenses: Compensation for all medical costs related to the injury, including emergency care, hospital stays, surgery, and ongoing treatment.
• Lost Wages: Reimbursement for income lost due to inability to work while recovering from injuries. This can include future earnings if the injury impacts your long-term ability to work.
• Pain and Suffering: Compensation for physical pain and emotional distress resulting from the incident. This damage aims to address the impact on your overall quality of life.
• Emotional Distress: Damages for psychological effects such as anxiety, depression, or trauma directly related to the incident.
• Property Damage: Reimbursement for any personal property damaged or lost as a result of the incident.
• Punitive Damages: In cases of egregious negligence, punitive damages may be awarded to punish the property owner and deter similar behavior in the future.

If you’ve suffered due to inadequate security measures, Nix Patterson can help you navigate the complexities of your case and secure the compensation you deserve. Ready to get started?

Injured Due to Negligent Security? Nix Patterson Can Help

Negligent security can have devastating consequences, leading to serious injuries, emotional trauma, and financial hardships. Property owners have a crucial responsibility to implement adequate security measures to protect visitors from foreseeable risks. When they fail in this duty, they may be held liable for the harm that results.

Don’t let negligent security go unaddressed. Contact Nix Patterson today for a free, no-obligation consultation. Let us put our expertise to work for you, ensuring your rights are protected and that you receive the compensation needed to rebuild your life. Your path to justice begins with a single call.