Negligent security, or inadequate security, falls under an area of law called premises liability. A negligent security claim is a third-party claim in which you can recover injuries caused by an attacker by making a claim against a property or business owner for failing to keep you safe from criminal attacks on their property. You have the right to sue the person who attacked you as well, but they may be unable to pay, impossible to identify and locate, or they may not even be alive. Negligent security claims are not appropriate in all cases where an injury results from a crime. Talk to an experienced personal injury attorney to learn more about premises liability, negligent security and whether or not you have a case.
Foreseeability is Key
When a horrific crime occurs, it is a very tragic event and families want justice. Lawsuits, brought by victims and families for injuries and deaths caused in high-profile crimes, such as mass shootings, have been making headlines a lot in recent years, and that can lead to many misconceptions about negligent security claims, who they are for, and when they are appropriate.
The crime which caused your injuries or the death of a loved one need not be a highly publicized crime, nor does it matter how many people were affected, now how truly awful the crime itself was. It does not matter how much you need and deserve compensation from someone for the terrible thing that happened to you.
The real question is, is the property or business owner liable for your injuries. And that question hinges on the element of foreseeability. A property or business owner can only be held liable for failing to prevent harm which they could reasonably foresee.
What Makes a Crime Foreseeable?
There are many factors which can make crime foreseeable, examples include:
- The type of business. Some types of business are known to be high-risk, such as banks and ATMs, even when they are located in low-crime areas.
- An uptick in crime at the type of business, even if it was not previously a high-risk type of business.
- Located in a high-crime area.
- A recent spike in crime in the area.
- A history of crime on the property
- A recent spike of crime on the property
- A direct threat was made
To learn more about negligent security claims, search our directory for an experienced attorney in your area today.
