Negligent Security Lax Security Insufficient Security Premises Liability Law
Negligent and insufficient security can come with a wide range of serious and even fatal consequences, from theft, robbery, and property damage to assault, rape, and murder.
These claims stem from the legal theory of premises liability, under which a property owner is generally required to keep the property in a reasonably safe condition and warn visitors of any hazards of which the owner is or should be aware. Premises liability cases often involve injuries, robberies, theft, sexual assaults, and more, But they can also arise when a person is the victim of a crime on another’s property.
The laws of the Commonwealth requires property owners to take certain measures to protect visitors from foreseeable security threats. This applies to a wide range of property owners, including landlords, commercial business operators, schools and universities, and government entities.
An owner who fails to take adequate security measures can be held liable for any injuries that result.
For example, a person who is assaulted while staying at a hotel, eating at a restaurant, or shopping at a store may have a claim for negligent security if he or she can show that the incident could have been easily avoided with security measures like functioning locks, security cameras, or onsite security staff.
A business, facility, institution, organization, or company that fails to have on site physical security guards officers or staff is taking a serious risk that may get them sued and more importantly may be putting people in danger!
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A person who is the victim of a crime caused by negligent security can sue the responsible property owner for damages, including money for:
- Medical and doctors’ bills
- Property damage
- Missed wages
- Physical and emotional pain and suffering
In order to state a viable claim for negligent security, the person suing must generally show that he or she had the right to be on the property at the time of the injury, that the property owner failed to take reasonable security precautions, and that this failure caused the person to be injured.
The adequate level of security precautions varies in any given case and is usually based on the circumstances.
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