PREMISES LIABILITY FOR NEGLIGENT SECURITY

A property owner is required to exercise reasonable care when constructing, managing, and maintaining its premises. There are countless ways that a property owner’s negligence can make the premises unsafe for others, whether it is a rickety staircase, an icy sidewalk, a slippery floor, or another physical condition.

When it comes to providing security, property owners have a duty to protect visitors and guests from foreseeable attacks from third parties. Depending on the situation, measures that are commonly used to thwart such incidents may include lighting in parking lots and garages, surveillance cameras, properly functioning locks, and security patrol staff. If a property owner fails to provide the appropriate protective measures, it may be held liable for any assaults or violent acts that occur as a result, such as assault and battery, robbery, or sexual assault.

After showing that the defendant was negligent in failing to take sufficient precautions against third-party attacks, the plaintiff must next show that this failure was the direct cause of the injuries that he or she sustained. The attack of which he or she was the victim must have been something that likely would not have happened if the defendant had taken proper security measures. It also must have been foreseeable in the circumstances. Evidence that an area has a high crime rate or that similar incidents previously happened on the property may be useful.

In a negligent security case, damages may be available for many types of costs and losses. Medical expenses, missed paychecks, and loss of future earning capacity are common examples. If the incident involved a severe trauma, the victim may require ongoing therapy, which may be physical, psychological, or both. If the incident caused permanent and severe harm, the spouse of the victim may also have a claim for loss of consortium, which would compensate the spouse for the loss of his or her loved one’s society, companionship, and support.