In every area of your life, you have the right to feel safe. Unfortunately, crime often happens on privately owned, commercial property where you have an expectation of safety. Under premises liability law, property owners may be liable for negligent security if they should have taken steps to protect others and did not.
What is Inadequate Security?
Inadequate security cases are based on premises liability law. Anyone who owns or inhabits property has to ensure the area is safe for visitors. If the owners or occupiers fail to take reasonable care, they may be responsible for injury that results.
In order to determine whether security was inadequate, a court asks whether the owner had a duty to the victim and harm was reasonably foreseeable. As an example, a victim of a crime in a hotel may sue if the security system was broken or malfunctioning and the owners took no action to fix it.
Does My Landlord or Boss Owe Me Security?
Owners or occupiers of office buildings and residential towers have a responsibility towards residents and workers. Doormen and security guards are a common sight in these complexes and have the effect of deterring crime. If the company that manages the building security fails to take reasonable steps to ensure safety, they may be the subject of a lawsuit.
What Does a Plaintiff Have to Prove?
In order to succeed in an inadequate security lawsuit, the victim must show several things. These steps are based on the law of negligence, which links the failing of one party to the harm experienced by another.
- The property owner or occupier had a duty to the plaintiff to keep the premises safe;
- The failings of the security system, whether it was monitoring, personnel, equipment, or protocols, were a cause of the harm suffered by the plaintiff;
- That harm was foreseeable.
As with all negligence cases, the details of an inadequate security lawsuit are crucial in order to determine who is responsible. As a crime victim, you don’t have to do this work alone. You can work with your lawyer to preserve crucial evidence.
It’s important to work quickly, as the information that’s necessary to your case, such as testimony from the security guard, records of security system maintenance and witnesses to the crime, can disappear rapidly after the incident.
Your Lawyer Can Help
You may feel traumatized after a threat to your safety, and this is understandable. To learn about all of your legal options, take some time to gain advice from a premises liability lawyer. For a free consultation, contact FDS Law today.