Many establishments are required to offer specific safety measures to those lawfully present at the location. Such safety measures include locks, cameras, security guards, and adequate lighting.
Negligent security is a type of premises liability. This occurs when the property owner does not provide adequate security measures and, as a result, someone becomes a victim of a crime.
What Qualifies as a Negligent Security Lawsuit?
Being injured due to an act of violence on someone else's property is not always grounds for filing a claim in itself. But when negligence is involved, you may have a negligent security claim. These claims, however, require the establishment of negligence, which requires:
- Demonstrating that the property owner or other responsible party is responsible for negligence in their security details and failed to provide necessary security for the property
- Establishing that the negligent security, specifically, caused your injury and, that said injury resulted in harm
What Evidence Is Needed for a Negligent Security Case?
Evidence that can assist in your negligent security claim includes police and incident reports, surveillance videos, witness statements, photographs, and a history of other incidents in the area. In some cases, training materials and known security risks can also be brought forth as evidence.
What is considered adequate security can vary from place to place. However, most common security measures include trained security guards to patrol during regular business hours, appropriate lighting, functioning locks and other safety hardware, and restricting the duplication of keys to the property or establishment.
In some cases, posting signage alerting patrons of safety measures, such as the presence of a drop safe, security camera system, or how much money is kept in registers, can reduce a property owner’s liability. But signage alone is not an adequate security measure. Regardless of posts around a property, if you suffer harm due to oversight or negligence, you may be entitled to seek compensation for all related damages.
Getting Assistance with Your Negligent Security Lawsuit
If you have suffered an injury and believe negligent security played a role, please call the Kelleher Law Firm at 833-546-3675 to schedule a free case review with one of our experienced attorneys. We maintain offices in Naples and Ft. Myers, Florida, and Atlanta, Georgia.