Do I Have a Negligent Security Claim? 

 August 25, 2014

By  LMW Attorneys

Crimes such as criminal assault can occur anytime and anywhere, including on commercial property. While on commercial property, such as a hotel or mall, the premises are supposed to be safe for invitees, but this isn’t always the case. If you or someone you know was assaulted or robbed while on a commercial property, you may have a negligent security claim.

What is Negligent Security?

Negligent security usually occurs as a result of a criminal robbery or assault takes place on commercial premises such as a shopping mall, hotel, school, restaurant, bank, office building, or parking garage. It is the responsibility of the individual who is in possession of premises to follow protocols to keep others safe while on commercial property. A person who is in possession of premises is required to make sure the premises remain safe and to alert invitees of any possible dangers if they arise. If these requirements aren’t met and a person was injured, it may result in a negligent security claim.

Do I Have a Claim?

If a third party injured you while on the premises of a commercial property, you could have a negligent security claim. Although it depends on a property-by-property basis, the following are examples of common cases of negligent security:

  • Inadequate lighting (e.g.: in a parking lot or garage)
  • Not repairing broken locks
  • A landlord who doesn’t keep windows/locks secure and a crime results
  • Inadequate or improper surveillance
  • Inadequate security guards or failing to hire security guards
  • An employer who does not perform a background check on a predatory worker who gets hired and result in an incident
  • Attacks on college campus property

In order to prove you have a claim for negligent security, you must have legally been on the property where the incident occurred. If you were illegally on the property then your claim will most likely not be pursued. Additionally, a negligent security claim can only be made if the defendant did not take the reasonable actions in response to the incident or the property was not secured properly. You must also be able to prove that your sustained injures were the result of negligent duty by the property owner.

Picking the Right Attorney

If you have been assaulted or attacked due to negligent security, it’s important to find an attorney with the appropriate experience to defend your rights. If you believe you were a victim of negligent security, contact one of the legal professionals at LMW Attorneys today.