Negligent security incidents occur when a property owner or manager fails to protect individuals on their premises. These cases often involve crimes such as assaults, robberies, or other harm caused due to insufficient security protocols.
Establishing liability in these situations holds property owners accountable and helps victims seek justice for preventable harm. A strong case requires clear evidence of negligence and its role in contributing to the incident.
Below is an outline of the key steps to prove responsibility in negligent security claims.
Understanding Negligent Security
This type of negligence occurs when inadequate security or dangerous circumstances create harm, mostly on commercial properties.
Examples include:
- A lack of proper locks or gates that expose people to threats
- Poorly lit parking lots that leave visitors vulnerable to robberies or assaults
- Commercial properties without security personnel create environments where intruders may take advantage
- Malfunctioning or broken surveillance systems fail to deter criminal behavior or record criminal incidents
Victims of negligent security often face physical, emotional, and financial hardships. Physical injuries may require extensive medical treatment and recovery time. Emotional trauma stemming from a lack of safety leaves lasting psychological scars.
Financial strain also accompanies these events, as costly medical bills and lost wages pile up. Negligence in security measures directly impacts victims' well-being and significantly disrupts their lives.
Elements of a Negligent Security Claim
Proving liability in negligent security cases requires specific elements to be demonstrated. First, the property owner or business must owe a duty of care to visitors, tenants, or customers. This duty obligates them to take reasonable steps to ensure their premises remain safe from foreseeable harm.
Second, the property owner or business must breach this duty through insufficient or inadequate security measures. Examples include failing to provide lighting, security personnel, or functional surveillance systems.
Third, a direct connection must exist between the lack of security and the incident that occurred. This link establishes that the security failure directly contributed to the harm.
Finally, the victim must demonstrate damages or injuries suffered as a result of the incident. These damages may involve medical expenses, psychological distress, or other measurable impacts on the victim's life.
Evidence Needed to Support a Claim
When pursuing a negligent security claim, gathering substantial evidence is crucial to support the case.
Key pieces of evidence include:
- Witness Testimonies- Statements from bystanders, employees, or other individuals present during the incident can provide valuable insight into what occurred and the surrounding circumstances.
- Security Records and Policies- Documentation outlining the establishment’s security measures, protocols, and records of compliance—or lack of compliance—can illustrate whether reasonable steps were taken to prevent harm.
- Past Incidents on the Property- Evidence of previous similar events can establish a pattern of unsafe conditions, reinforcing that the property owner was aware of potential risks but failed to address them.
- Surveillance Footage or Lack Thereof- Security camera recordings can be instrumental in demonstrating the events leading up to the incident or the absence of necessary monitoring systems. Missing or nonfunctional surveillance can also highlight potential negligence.
Collecting and presenting this evidence cohesively strengthens a claimant's argument and increases the likelihood of a favorable outcome.
Getting Help from an Attorney
Hiring an experienced premise liability attorney provides significant benefits for those pursuing negligent security claims. An attorney with expertise in this field understands legal procedures and uses their knowledge to guide claimants through complex processes. They should possess the skills to identify critical legal issues, assess potential outcomes, and advise clients on the best course of action.
Our personal injury team can investigate claims by collecting and analyzing key evidence. We will review surveillance footage, gather witness testimonies, and examine security records. Our lawyers also evaluate any previous incidents to uncover patterns of negligence. This investigative approach helps ensure that no detail is overlooked, strengthening the client's position.
To build a strong case, we have developed effective strategies tailored to the specific circumstances. Organized evidence presents a clear narrative that demonstrates the property owner’s failure to maintain safe conditions. We may also collaborate with experts, such as security consultants or medical professionals, to provide additional support for the claim.
At Hacker Murphy, LLP, our goal is centered on constructing a compelling argument and maximizing the chances for a successful resolution.
If you’ve been harmed by a lack of proper security measures, we offer free consultations. Contact us online or call our office today at (518) 284-3183.