Negligent security arises from situations where you are injured by another person and seek to hold liable the owner of a premises on which the injury occurred. While it is true that responsibility ultimately rests with the person who committed the negligent act, if the owner failed to exercise reasonable care in the supervision of the premises, then they can sometimes be held liable for an injury to their lawful occupants, including you. If an incident was foreseeable and the owner failed to exercise reasonable care in maintaining security on their premises, then they could be responsible under a theory of negligent security.
Negligent security cases are evaluated on an individual basis. Liability hinges on the foreseeability of the specific incident and/or whether the landowner or property manager had a duty to you. The unique events of the incident itself, including where it occurred, the actors involved, past crimes in the area, including the types of past crimes and knowledge held by a plaintiff or defendant about such crimes, and the duty of care for a particular community, all factor into the analysis and preparation of the case. Although the courts consider whether a crime is foreseeable based on the individual facts in each case, the courts consider where an event occurred, that is, the status of the premises itself. For example, in the case of a location where the public is not generally entering or leaving, the courts have found that there is most likely no duty of care.
The following is a list of common damages involved in a claim of negligent security:
- Medical expenses;
- Ongoing mental health treatment;
- Lost wages;
- Pain and suffering
- Loss of life enjoyment; and/or
- Loss of consortium (by victim’s spouse).
If you are hurt as a result of another’s negligent security, the experienced personal injury attorneys at Advocates Legal Group, LLP can help you determine the value of your claim and can bring the appropriate action for recovery. We will help you prepare your case in a way that demonstrates the other side is responsible for your injuries and other losses. We can also help you understand the strengths and weaknesses of your case and build a strategy to ensure the most successful outcome possible. Although recovery can be stressful, you do not need to go at it alone. We will be on your side every step of the way to advise you of your rights, options, and navigate you through the process. Call us now at (508) 796-5737, or email us at info@advocateslegalgroup.com, for a free case evaluation.
