Property owners have a duty to their guests and tenants to provide a reasonable amount of security to ensure safety. If security measures are not taken, a person could easily be assaulted, injured, raped, killed, or experience other horrific incidents. Depending on certain factors, the victim can sue for negligent security. Allow us to answer frequently asked questions about negligent security:
What factors must be proven in a negligent security case?
In a negligent security case, there are four factors your negligent security attorney must prove to a judge or jury – duty of care, breach of care, personal injury, and quantifiable damages. Discover the details:
- Duty of care – The allegedly negligent party must have had a duty of care to keep the premises safe.
- Breach of care – The duty of care was not fulfilled.
- Personal injury – Because the allegedly negligent party breached the duty of care, a personal injury occurred.
- Quantifiable damages – To compensate the victim, the personal injury must have resulted in damages that can be measured (i.e. medical bills or lost wages).
What does a “foreseeable act” mean?
Negligent security cases involve a third party committing a crime but someone else is held accountable, such as the property owner or management company. Because of this, the act that took place must be deemed foreseeable (able to be predicted based on other factors).
For example, if a serial burglar broke into apartment complexes nearby, and your property owner refused to install security cameras to increase safety, a burglary at your apartment or property would be considered a foreseeable act.
Is the property owner responsible if I live in a high-crime area?
Whether you live in a low-crime or high-crime area, the property owner can be held accountable for negligent security. If you live in a high-crime area, certain criminal actions would be deemed foreseeable, and the property owner would need to implement security measures to ensure safety.
How can a negligent security attorney help me?
One of the main challenges in a negligent security case is proving the crime was foreseeable. To prove this element, your attorney must gather evidence from past crimes in the area and build a case against the property owner. Your safety is incredibly important; if you experienced an assault or injury due to a lack of security measures, the property owner must be held accountable.
