How Negligent Security Can Lead to Premises Liability Claims

Posted on March 15, 2024

When property owners or managers fail to uphold their duty of care to provide adequate security, they breach their legal obligation to maintain a safe environment. This breach opens the door to premises liability claims, as individuals who suffer harm due to inadequate security measures may seek legal recourse for their injuries.

Defining Negligent Security and Premises Liability

Before delving into the connection between the two, it’s essential to understand the concepts individually. Negligent security refers to the failure of property owners or managers to implement reasonable security measures, leading to harm or injury to individuals on their premises. Premises liability, on the other hand, pertains to the legal responsibility of property owners or managers to maintain safe conditions for visitors, tenants, or customers on their property.

Premises liability claims stemming from negligent security are typically grounded in legal principles such as negligence and foreseeability. Property owners or managers are held to a standard of care, requiring them to take reasonable measures to prevent foreseeable harm to individuals on their premises. When security lapses lead to foreseeable harm, property owners or managers may be found negligent and held liable for resulting damages.

Types of Negligent Security Incidents

Negligent security can manifest in various forms, each giving rise to premises liability claims. Incidents such as assaults, robberies, vandalism, or accidents resulting from inadequate safety measures are common examples. Property owners or managers may be held accountable for failing to address known security risks, provide adequate lighting, install security cameras, or employ sufficient security personnel.

Proving Liability in Negligent Security Cases

Successfully establishing liability in negligent security cases requires demonstrating several key elements, including:

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  • The existence of a duty of care owed by the property owner or manager to provide adequate security.
  • Causation, showing that the breach of duty directly contributed to the harm suffered by the plaintiff.
  • Damages incurred by the plaintiff as a result of the security breach.

Foreseeability must also be demonstrated, which involves showing that the property owner or manager should have reasonably anticipated the risk of harm to individuals on their premises due to inadequate security measures. This can be achieved by presenting evidence of previous security incidents on the property, knowledge of criminal activity in the surrounding area, failure to implement regular security assessments or appropriate security protocols, or lack of training for staff on security procedures.

The Legal Rights of Negligent Security Victims

Negligent security victims have the right to pursue legal recourse against property owners or managers whose negligence contributed to their injuries or losses. This may involve filing a premises liability lawsuit to seek damages for the harm suffered. Legal recourse enables victims to seek accountability and obtain the compensation needed to recover and move forward from the incident. For example, medical expenses, lost wages, pain and suffering, emotional distress, property damage, and other economic and non-economic losses incurred due to the security breach.

Speak to a Lawyer Today

Our trusted Las Vegas negligent security attorney is here to help you navigate the complexities of your premises liability claim and pursue justice. Arrange a free consultation today by calling (702) 410-6765 or messaging us online.