Inadequate security or negligent security cases involve the failure of business proprietors, such as mall and shopping center operators, apartment and residential rental housing owners, hotels and motels, restaurants, pharmacies, bars, etc., to implement reasonable and ordinary security measures for the protection of their customers from crime when necessary for the protection of the customers.
When a Business Fails to Provide Adequate Security
As a general rule, business proprietors are not liable for crime occurring on their property. However, if there has been a pattern of crime on and about the business property, or if the nature of the business makes it peculiarly susceptible to criminal activity, the law will impose upon a business owner a duty to implement reasonable security measures designed to prevent or deter future crimes. Such measures may include increased or better lighting, security guards, better or additional locks, perimeter protection and overall improved maintenance of the business property. A breach of this duty is called negligence.
Negligent Security in Businesses and Elsewhere
Hotels and motels that fail to lock or properly secure outside doors, thus allowing easy entry to criminals who cause harm to people staying there can be liable to their guests for their injuries and damages.
Gas stations that do not have adequate security cameras to ward off armed robbery attempts in which patrons get caught in the middle and hurt can be liable to their patrons for their injuries and damages.
A landowner’s duty may arise when the criminal conduct of a third party is the foreseeable result of a landowner’s negligence. When criminal conduct of a third party is foreseeable, the landowner has a duty to prevent injuries to invitees if it reasonably appears or should appear to him that other innocent persons may be injured on the property.
If a business is in a high crime area, the landowner may be required to take special safety measures such as hiring security personnel or installing security systems. Failure to do so may result in liability.
These cases also can occur at apartment buildings and rental homes. If the landlord fails to maintain functioning locks on doors and windows, fails to properly light parking lots or stairwells or install security cameras when necessary, he could be held accountable when crimes lead to injuries or deaths.
Determining Whether Negligence Took Place
By thoroughly investigating, Peter M. Commette, P.A. will gather all of the facts required to prove that a business failed to recognize all of the warning signs. We will be able to show that a business acted negligently by choosing not to do what was necessary to keep visitors secure.
Since our establishment in 1990, our firm has achieved a long record of winning verdicts and settlements. Peter M. Commette, P.A. knows how to obtain results in negligent security cases.