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How To Tell If You Have a Negligent Security Injury Claim

By Hess & Nghiem on February 20, 2024

Negligent security is when a property owner or manager fails to take reasonable precautions to protect individuals from foreseeable harm caused by criminal acts on their premises. This can include inadequate lighting, faulty locks, lack of surveillance cameras, or insufficient security personnel.

Negligent security claims fall in a category of personal injury law called premises liability. These types of claims revolve around the legal duty of property owners or managers to provide a safe environment for visitors or tenants.

The Consequences of Negligent Security

When security measures are negligent, various unfortunate incidents can occur, leading to severe consequences for victims. These incidents may include:

  • Assaults and violent crimes: Lack of proper security checks and surveillance can permit individuals to carry weapons or enter restricted areas, leading to physical assaults, robberies, gun violence, sexual assaults, and even homicide.
  • Theft and vandalism: Poor security can make properties vulnerable to theft and vandalism, resulting in financial losses for individuals or businesses.
  • Trip- or slip-and-fall accidents: Insufficient lighting or failure to maintain safe premises can cause an individual to trip or slip and fall, resulting in injuries that range from minor bruises to severe fractures or head injuries.
  • Fights and altercations: In venues where large crowds gather, such as nightclubs, concerts, or sporting events, inadequate security to manage disputes or intervene in fights can result in injuries to patrons caught in altercations.
  • Overcrowding and stampedes: Negligent security at events or venues that lead to overcrowded conditions, lack of crowd control, or failure to enforce capacity limits can create situations where individuals are crushed, trampled, or injured during stampedes or panicked evacuations.

Was Negligence at Play?

Negligence involves the failure to exercise reasonable care, resulting in harm to another person or property. For a premises liability lawyer to establish negligence, they must prove the following four elements:

  • Duty of care: The defendant (the party being sued) owed a duty of care to the plaintiff (the injured party). This duty varies depending on the circumstances but generally requires individuals to act as a reasonably prudent person would act under similar circumstances.
  • Breach of duty: The defendant breached the duty of care by failing to act as a reasonably prudent person would have under the circumstances. This breach can involve an action or a failure to act that results in foreseeable harm.
  • Causation: The defendant’s breach of duty caused or substantially contributed to the plaintiff’s injuries. There must be a direct link between the defendant’s actions or omissions and the harm suffered by the plaintiff.
  • Damages: The plaintiff suffered actual damages, such as physical injuries, emotional distress, property damage, or financial losses, as a result of the defendant’s breach of duty.

A claim for negligent security applies to property owners when they fail to provide adequate security measures to prevent foreseeable criminal acts on their premises, leading to harm to visitors, tenants, or customers.

Determining Liability

Determining liability in negligent security cases involves assessing whether the property owner or manager breached their duty of care to maintain a reasonably safe environment. Factors considered include:

  • Adequacy of security measures: The adequacy of security measures in place is evaluated, including factors such as lighting, surveillance, access control, and security personnel.
  • Prior incidents: Previous instances of criminal activity on the property and the property owner’s response to them are scrutinized to determine if adequate steps were taken to address security concerns.
  • Compliance with regulations: Adherence to relevant laws and regulations pertaining to security standards and measures is assessed to determine if the property owner fulfilled their legal obligations.

How a Premises Liability Attorney Can Help

If you believe you have suffered harm due to negligent security, it is imperative that you seek legal guidance from a knowledgeable Santa Ana premises liability attorney. Your attorney can assist you in various ways, including:

  • Case evaluation: A lawyer can assess the circumstances of your injury to determine if you have grounds for a negligent security claim and explain your legal options.
  • Negotiation and advocacy: Experienced attorneys can negotiate with insurance companies or represent you in court to pursue fair compensation for your injuries, damages, and losses.
  • Legal guidance: Throughout the legal process, a lawyer can provide valuable guidance, answer your questions, and advocate for your rights, ensuring you understand your rights and the steps involved in seeking justice.

Let’s Get Justice for Your Injuries

The attorneys at HN Injury Lawyers excel at handling Santa Ana negligent security cases, and we’ve won over $100 million for our clients. Your recovery is our top priority, and we will fight vigorously for the compensation you rightfully deserve.

If you’ve been harmed due to negligent security, reach out to us at (657) 333-5726 today.

Posted in: Premises Liability