What are Negligent Security Claims?
Negligent security claims fall under premises liability cases. If the owner of a property does not have adequate security practicing due care, they may be held liable for personal injury or wrongful death. Negligent security claims can occur on both residential and commercial properties. Employers are expected to practice duty of care by providing a safe workplace free of harm, theme parks are expected to create a safe experience for visitors, and hotels should create a safe environment for guests.
What are Proper Security Measures?
In any environment with heavy traffic, such as entertainment venues or shopping malls, having proper security measures in place for criminal activity to be monitored and restricted is extremely important. In addition to keeping people safe from criminal activity, property owners must have signs for wet floors, uneven floors, etc. Some examples of adequate safety measures include:
- Satisfactory lighting in hallways, entrance ways, and alleyways
- Motion sensor lighting
- Emergency phones
- Security/police presence
- Security hardware (locks, gates, etc.)
When Can a Negligent Security Lawsuit Be Filed?
Negligent security should be in place to deter the act of a violent offense such as robbery, rape, assault or murder. If someone is to suffer one of the above tragedies due to negligent security, a negligent security lawsuit can be filed. The expert negligent security attorneys at Scher and Scher Law Group, P.A. are committed to helping our clients when they are faced with the tragedies that come with negligent security. Our seasoned attorneys have extensive experience not only in the field of personal injury law, but specifically in negligent security cases.
Upon determination of negligent security measures, a property owner of where the incident occurred may be liable. If any of the following security measures were not properly in place, a negligent security lawsuit can be filed.
- Basic security measures – This is dependent on the establishment, as an entertainment venue’s security measures will differ from a shopping center.
- Damage to property or body – If a person or their property are damaged on the premises of an establishment that did not provide adequate security, a negligent security lawsuit can be filed.
- Causality – If security hardware such as locks or gates are broken, there is a security breach which may result in robbery or assault.
How to Prove Negligent Security Case
In order to win your negligent security case, the plaintiff must prove that:
- An establishment failed to provide basic security measures or due care resulting in personal injury, wrongful death, robbery, rape, assault, or property damage.
- A security lapse caused the incident.
- The plaintiff suffered injuries which result in economic/physical/emotional suffering.
- Hire a personal injury lawyer.
Fighting to win a negligent security case is complex, burdening, and triggering for a plaintiff who has endured such a tragedy. This is where the negligent security lawyers at Scher and Scher come in to take on your case while you focus on healing both mentally and physically.
If you or a loved one has fallen victim to a violent offense such as robbery, rape, assault or shooting due to negligent security, you can receive compensation and support. All of these events can be traumatic, causing emotional distress, and therefore are important to be dealt with in the correct manner. If better security or sufficient supervision could have prevented these attacks, Scher and Scher Law Group, P.A. will consult with you free of charge and discuss the details of your case as if we have already taken it on.