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Negligent Security And Premises Liability

Property owners have a legal responsibility to people who have been injured on their property. This includes protecting individuals against crime if the property owner had the ability to prevent the incident of crime. So if you’ve been assaulted, robbed, raped, or otherwise attacked on the premises and the security was negligent or inadequate, you may have a case for negligent security.

What Is Negligent Security?

Negligent security typically only impacts business owners and landlords. Since property owners have a legal obligation to provide a safe environment for people visiting their property, they are legally responsible for providing adequate security. Negligent security is when a property owner fails to have enough security guards, proper security fencing, or lights and other security measures to protect against the hazards on their property. It can also occur when a security guard or bouncer fails to properly do their job and someone is hurt as a result.

Where Can Security Be Negligent?

Most of the time negligent security occurs at a business where the risk of crime is high and the property owner has a duty to protect their guests. Some examples include:

  • Bars and nightclubs
  • Airports
  • Malls
  • Colleges, universities, and dorms
  • Hotels and motels
  • Amusement parks
  • Workplace

Examples Of Negligent Security

There are many examples of negligent security including:

  • Inadequate security protocols, policies, and procedures
  • Lack of security cameras
  • Inadequate lighting in parking and common areas
  • Missing or broken door locks
  • Unrestricted building access
  • Poorly trained security guards or bouncers

However, for these to count as negligent security you will need to prove that the owner had a reasonable responsibility to provide them.

Proving Negligent Security

Negligent security can be difficult to prove in court. In order to prove negligent security, a plaintiff must show that:

  • They were on the property legally and were not doing anything that can be considered unreasonably risky
  • The property owner had a legal duty to provide basic security on the premise
  • The risk of injury was foreseeable
  • An injury occurred on the property
  • The lack of adequate security caused the injury

Determining Who Is Responsible For Negligent Security

If the injury is the result of a crime, the perpetrator of the crime will be held liable for the injury. However for negligent security cases, the fault can also lie with both the property owner and if relevant, a third party security company. If the property owner failed to provide adequate safeguards for their guests, they may be liable for the negligent security. However, if a property owner uses a third party security provider, they may be held liable for negligent security. Depending on the circumstances, all three parties may be held responsible for the injury.

How An Personal Injury Attorney Can Help

Between the pain and suffering from the injury to the psychological distress, being a victim of crime can be very traumatic. So it is important that victims get a fair settlement for their injuries so they can adequately move on. However, proving negligent security is very complicated. You will not only have to prove the owner needed security but that the security they provided was inadequate to protect you from the incident. This is where a personal injury attorney can help you. An experienced personal injury lawyer, like our attorneys at , Goldman, Babboni, & Walsh, know what you evidence you need to collect to prove your negligent security claim. So if you’ve been injured as a result of negligent security, call us today to see how we can help.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Negligent Security And Premises Liability

Goldman Babboni Fernandez
Murphy & Walsh

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