Negligent security lawsuits hold property owners accountable for failing to provide reasonable security measures that protect lawful visitors from foreseeable crimes like assault, robbery, or even murder. Success hinges on proving several key elements, including the owner’s duty of care, breach of that duty, and resultant harm to the plaintiff.
Elements for a Winning Case:
- Duty of Care: The property owner or manager owed the plaintiff a legal obligation to provide reasonable security measures.
- Breach of Duty: The owner or manager failed to uphold their duty by neglecting adequate security measures.
- Foreseeable Injury: The plaintiff suffered harm due to a foreseeable crime the owner/manager could have reasonably prevented with proper security.
- Proximate Cause: The owner/manager’s negligence directly caused the plaintiff’s injury, meaning it wouldn’t have happened without their security failures.
Damages and Recoveries:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- In extreme cases, punitive damages for reckless or intentional misconduct
Potential Defense Strategies:
- Contributory Negligence: The plaintiff’s actions also contributed to the harm, reducing their recoverable damages.
- Unforeseeable Crime: The crime was highly unlikely and couldn’t have been reasonably predicted, absolving the owner/manager of responsibility.
- Adequate Security Measures: The owner/manager demonstrably implemented sufficient security measures for the given context.
Seeking Legal Help:
If you’ve been harmed in a negligent security incident, consult an experienced personal injury lawyer to assess your case and explore legal options.
Examples of Negligent Security Claims:
- Store robbery without security cameras or guards
- School assault due to inadequate lighting and patrols
- Apartment complex rape facilitated by broken locks and unsecured doors
- Bar patron’s murder in the absence of bouncers or security measures
Remember: Negligent security cases are complex and require careful evaluation of evidence and legal arguments. This information provides a general understanding but is not a substitute for professional legal advice.
