What is Negligent Security and What are Your Rights?

Negligent security is a type of premises liability that can happen nearly anywhere, whether on public or private property. Most negligent security cases take place on commercial property, but it is possible for an event involving negligent security to take place on residential property. Negligent security cases happen on someone else’s property.

A Miami, Florida personal injury attorney can talk to you if you or a loved one got injured on someone else’s property and the incident involved negligent security. Let’s talk about what is negligent security and what are your rights. Many of these cases involve the victim getting attacked or assaulted.

Where Do Many Instances of Negligent Security Take Place?

Common locations of negligent security claims are hotels, restaurants, shopping centers, and shopping malls. Schools and colleges are also targets of violence, as are banks, gas stations, and workplaces. Even hospitals, parking lots or garages, and parks can experience security events. Residential places like apartment complexes can miss the mark when it comes to providing adequate security measures.

What Are the Elements of a Negligent Security Case?

If a property owner fails to meet the security standards required in their circumstances, and someone got harmed as a result, the property owner can be liable. At a minimum, landowners need to take reasonable precautions to prevent foreseeable hazards. For example, a bank should have adequate measures intended to prevent armed robberies.

Scenarios That Can Be Considered Negligent Security

Negligent security cases get evaluated on an individual basis. What might constitute negligent security in one situation might not be negligence in another. The security measures that a property owner would need to take in a high-crime neighborhood to satisfy the legal requirements of adequate security might be a much higher burden than a property owner would face in a location that sees very little criminal activity.  

Here are some examples of negligent security in situations when the property owner knows or should have known about the danger of attacks, assaults, mass shootings, and other violent actions on the premises:

• A hotel knew that their guest room doors did not automatically lock or that someone had stolen a “master” card key.
• Lighting in the alley between the parking lot and the entrance to a restaurant was inadequate or broken.
• A bank failed to employ security guards or other measures intended to prevent armed robberies.
• An apartment complex left tall ladders sitting out where a person could climb up to a tenant’s balcony and enter an apartment for purposes of robbery or sexual assault.
• A jewelry store does not have working security cameras to deter would-be thieves.
• A school hires untrained personnel instead of qualified, trained security guards to prevent or respond to school shootings.

If you got injured or your loved one lost their life in a foreseeable event that appropriate security measures could have prevented, you will want to discuss your legal options with a Miami, Florida, personal injury attorney. There is no charge for the initial consultation. Contact us today to get started.