When a person is injured by an intentional act such as a violent attack, theft or act of vandalism, the law provides a right to be compensated for injuries and losses. This right lacks substance because perpetrators of such crimes typically lack money to pay for damages. An injured party should work to locate a responsible party who has the ability to satisfy a judgment from assets, insurance, or some other means. More often than not, a negligent property owner fits the description of such a party.
Negligent security cases fall under the area of premises liability law. When a property owner is accused of having negligent security, it means that a property owner did not guard a person and their personal property adequately. Negligent security cases may involve hotels, stores, restaurants, malls, parking garages, or apartment complexes. Commercial property owners do not have to guarantee the safety of everyone who enters the property. They must respond appropriately to foreseeable risks. A property owner needs to provide reasonable security measures if the property is located in a high crime area or there have been crimes on the property that would it make it appropriate to take security measures.
There is no bright line rule to determine when security measures are required or even how much security is appropriate. A qualified personal injury lawyer will typically hire a security expert for the victim’s case to determine this information. The security expert has the job of reviewing public records that show the nature and frequency of crime in the area where the loss or injury took place. A lawyer will also typically use the discovery process to force the property owner to produce records and information showing any past criminal activity on the property. If the area has a high crime rate, the property owner is more likely to have had a duty to take security measures to protect visitors and employees. Typically, in order for a victim to win damages, a court must also find that the property owner knew, or should have known, that someone would be victimized on their property because the property was located in a high-crime area.
Once it is determined that a property owner had a duty to protect visitors or employees, the question becomes: how much security was enough? The answer to this question always depends on the specific circumstances of the case. The more frequently crime occurs, and the more dangerous the crimes are, the more extensive security measures a property owner is expected to take. The measures can range from a monitoring system with a few security cameras to regular armed security patrols. Armed security patrols are necessary typically only when violent crimes have frequently occurred on the property in the past.
A crime victim has a right to recover damages for his or her personal injuries and losses. A premises liability lawyer with experience in negligent security cases may be necessary to locate a party who can compensate the victim for his or her injuries. The tragic part of an inadequate security case is that sometimes simply hiring an $8 an hour security guard could have prevented a life-changing physical attack.