It’s the duty of a landlord or other property owner to provide a secure environment. Guests, visitors, residents, attendees and patrons should be able to use the space safely and without undue risk. If a property owner fails to provide proper security, they may be liable for injuries that occur as a result. If you’ve suffered harm due to negligent security on the part of a property owner, you may be able to sue the person or entity responsible. For example: if you were assaulted by an intruder who was able to gain access to the site due to a lack of proper security, then the property owner could be held liable as well as the assailant.
What is Negligent Security?
Negligent security is the failure to provide reasonable security for a residential or commercial property. A negligent security case may be possible if:
- There’s a condition on a property that’s potentially dangerous
- This condition is known to the property owner
- The property owner did not take reasonable steps to remedy the danger, and
- Someone is injured as a direct result of the dangerous condition.
Here are some examples of negligent security:
- Missing or broken locks on doors or gates, facilitating entry by assailants
- Insufficient lighting in hallways, alleys or parking lots that leads to accident or assault
- A lack of security staff which allows an assault to occur
- An aggressive or threatening person on a property who is not removed, and who later goes on to commit assault or property damage against a patron.
The crucial element of a negligent security case is negligence on the part of the property owner. It must be demonstrated that the condition was known to the owner, that they could have reasonably foreseen that injury was a possible consequence, and that they could have taken steps to remedy the situation. In the example of an accident occurring in a darkened hallway, it should be shown that the property owner knew that the location was too dark and should have improved the lighting. If this is proven, the responsible party can be made to pay compensation.
Why sue over negligent security?
Naturally, your first concern if you’re injured in an assault or an accident is to bring the responsible party to justice. In addition, you may have incurred significant financial costs due to your injuries. Medical bills, time off work, perhaps mobility aids, home care or even remodeling your home to accommodate a disability — all these things can add up to a severe financial blow. A negligent security case can help to pay for these things, as well as compensating you for pain, suffering and emotional trauma. Financial compensation can be a lifeline for those who are facing mounting debts through no fault of their own.
Besides monetary compensation, you will also have the satisfaction of knowing that a careless property owner has been held accountable. By making the responsible party answer for their negligence, you are discouraging negligent conduct and perhaps preventing similar incidents in the future. By taking action, you may be protecting someone else from being harmed. Faced with the prospect of possible future lawsuits, the responsible party may be less willing to ignore hazards and more conscientious about keeping their property secure.
Even if you don’t have witnesses and there’s no camera footage available, it’s worth seeking legal advice to find out whether you have a claim. Graves Thomas Rotunda Injury Law Group can help you. Experienced negligent injury attorneys are prepared to deliver the settlement you deserve so that you can begin rebuilding your life after an injury.