Negligent security refers to a failure on the part of a property owner or manager to provide reasonable security measures to protect people on the property from foreseeable harm, such as crime or violence. This type of security failure can lead to criminal activity, such as theft, assault, or even murder, that could have been prevented if proper security measures were in place.
Examples of negligent security can include a lack of proper lighting in dark parking lots, broken locks on doors or windows, failure to screen employees or visitors, and failure to respond to repeated reports of criminal activity in the area.
In legal terms, a property owner or manager has a duty to provide reasonable security to invitees (people who are on the property for a lawful purpose), and that property owner’s actions or inactions may be considered negligent if they breach this duty and someone is injured as a result. If a property owner or manager is found to have been negligent in providing reasonable security, they can be held liable for any harm that results.
What Are the Most Common Types of Negligent Security Lawsuits?
There are several common types of negligent security lawsuits, including:
Premises Liability
Premises liability is a type of lawsuit involves a failure by a property owner or manager to provide adequate security measures that result in harm to someone on the property. This could include failure to provide adequate lighting, locked doors, security personnel, or alarm systems.
Assault & Battery
Assault and battery will commonly serve as the basis of a negligent security lawsuit. This is where a person is the victim of a physical attack on a property where the owner or manager failed to provide reasonable security measures.
Wrongful Death
This type of lawsuit can result from a violent crime on a property where the owner or manager failed to provide adequate security measures and the victim lost their life as a result.
Rape and Sexual Assault
This type of lawsuit can result from a sexual crime or sexual attack that occurs on a property where the owner or manager failed to provide adequate security measures.
Robbery
This type of lawsuit can result from a violent theft that occurs on a property or business premises where the owner or manager failed to provide adequate security measures.
Burglary
This type of lawsuit can result from a break-in on a property where the owner or manager failed to take reasonable precautions or provide adequate security measures.
In each of these cases, the plaintiff must prove that the property owner or manager knew or should have known about the need for reasonable security measures, and that they failed to take appropriate action. The exact nature of the security measures required will depend on the specific circumstances, including the location and history of criminal activity in the area and the reasonable foreseeability of criminal acts.
How Do You Win a Negligent Security Lawsuit?
To win a negligent security lawsuit, the plaintiff (the person bringing the lawsuit) must establish the key elements of negligence, including the following:
- Duty of Care: The plaintiff must prove that the property owner or manager had a duty to provide reasonable security measures to protect invitees on the property.
- Breach of Duty: The plaintiff must prove that the property owner or manager breached this duty of care by failing to provide reasonable security measures that would have prevented the harm.
- Causation: The plaintiff must prove that the breach of duty caused the harm suffered, meaning that if reasonable security measures had been in place, the harm would not have occurred.
- Damages: The plaintiff must prove that they suffered damages as a result of the harm, such as medical expenses, lost wages, or emotional distress.
In order to prove these elements, the plaintiff will typically need to gather and present evidence, such as witness statements, security reports, and crime statistics for the area. An expert witness may also be needed to testify about what constitutes reasonable security measures for a particular type of property or location.
It is important to note that each case is unique, and the specific elements that must be proven will vary depending on the circumstances. However, by proving these key elements, a plaintiff can establish that the property owner or manager was negligent in providing reasonable security measures and can win a negligent security lawsuit.
