Injuries Caused by Negligent Security
Negligent security is a type of legal claim one may have for injuries caused by criminal violence at an establishment. The claim of negligent security falls under the umbrella of premises liability. If a property owner fails to take adequate and reasonable measures to prevent known or foreseeable criminal activity, and as a result, someone suffers physical injuries or is killed on the property, there may arise a negligent security claim.
Some Establishments Are More Prone to Violent Crimes
Acts of violence such as fights, sexual assaults, shootings, and stabbings can happen almost anywhere. However, certain types of property come with a higher level of security responsibility. One example of an establishment at which instances of violence are more frequent and should be anticipated and the risk mitigated is a rowdy bar. That is why bars employ bouncers.
Laws vary from state to state with regard to negligent security. In most instances, the owner of the establishment, or the company that is paid to provide security at that establishment, may be held responsible if proper measures to prevent foreseeable criminal activity are not implemented and a lawful visitor is injured as a result of that failure.
Watch the YouTube video. Below is a news clip about Sacramento’s Safe Night Out program, which targets sexual violence at drinking establishments.
Was the Crime Foreseeable?
A key concept in this type of claim is foreseeability. In fact, it is often the central issue in negligent security claims. In most states, courts determine whether a property owner had actual or constructive knowledge of the risks. In other words, the question is whether the owner knew or should have known of the risk of criminal assault in and around the location where the attack occurred.
If a business location has prior recorded instances of assaults, armed robberies, or other acts of violence, for example, the court may determine that the risks of those crimes happening again were foreseeable to the possessor or property owner. Another circumstance that may help with an argument for foreseeability may be the number of times police have been called to the establishment in the recent past. How recently prior acts of violence or threats of violence at the property have occurred will also be relevant.
Other Elements of a Negligent Security Claim
Once foreseeable has been established, there are other things the person bringing the claim (the plaintiff) will have to prove, including:
- That they were on the defendant’s property lawfully;
- That the defendant did not adequately warn visitors to the property of the risks so they could have the opportunity to avoid injury;
- That the defendant failed in the duty to provide reasonable security;
- That the plaintiff would not have sustained injuries had the defendant not breached the duty to provide adequate or effective security; and
- That the plaintiff suffered real damages resulting from the defendant’s breach of duty.
Sadly, we can expect to see more of these types of negligent security claims in the Sacramento area given the steady rise in gun violence, homelessness, mental illness, gang activity, and drug trafficking. Property owners must take care to provide adequate security if there is a known risk of violent crime in the area of the property.
Roseville Personal Injury Lawyer
Hello. Thanks for reading. I am Ed Smith, and I have been a Roseville, California personal injury lawyer for more than 38 years. If you have questions about an injury you or someone you love has suffered, that you suspect may have been caused by negligence, my firm can offer free and friendly advice. Call our office at (916) 921-6400 or (800) 404-5400 to speak to a case manager or injury lawyer. If you prefer, an online contact option is also accessible through our website.
Photo Attribution: https://pixabay.com/photos/police-security-safety-protection-869216/
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