Victims of violent crime have the right to sue their attackers for their injuries, but collecting from the perpetrator is often impossible. The person who committed the crime may never be identified or located, and even when found most will not have the money or assets to cover the costs of your injuries. However, you may have an alternative route of compensation through a negligent security claim. Negligent security falls under premises liability and your compensation will typically come from the defendant’s insurance policy.
One of the legal duties of property and business owners, under premises liability, is to protect customers, tenants, employees, and other guests from criminal attacks. An important element of premises liability is foreseeability. Many factors contribute to the foreseeability of a criminal attack, including:
- The type of business or property
- Location
- History of crime in the area or on the property, including a recent rash of crimes
- Known threats such as those made to a person or business
Basic Security
Examples of basic security measures include:
- Adequate lighting in areas including, but not limited to, hallways, walkways, parking garages, and parking lots
- Security cameras
- Adequate security staff
- Controlled building access
- Adequate locks and key control systems in hotels, motels, and apartment buildings
- Proper screening of employees
Elevated Risk
Properties with an elevated security risk are expected to have greater security measures, and in some cases there is a duty to warn customers, tenants, or guests of potential dangers. For instance, hotels and motels in high crime areas are expected to warn guests of the danger in and around the establishment because they are not familiar with the area and may not be aware of the danger.
Properties which have experienced a recent uptick in crime, or a known threat, have a duty to respond in kind by increasing security measures. Examples include college campuses where students have recently been attacked and businesses with employees who have recently been victims of domestic violence or who have been threatened.
Examples of Types of Properties and Businesses Which May Liable
Negligent security can apply to any type of property or business, depending on the circumstances. Common examples of types of businesses and properties which may be involved in negligent security claims include:
- ATM’s
- Banks
- Hotels and motels
- Apartment buildings
- Retail establishments
- Parking garages
- Parking lots
- Bus stops
- Public parks
- Concert halls
- Bars and nightclubs
- Restaurants
- Theaters
- Amusement parks
- Shopping malls
- Convenience stores
- Warehouse stores
- Office buildings
- Hospitals
- Nursing homes
- Schools and universities
- Day care centers
- Government offices including courthouses, DMV’s, and Post Offices