What Constitutes Negligent Security?

Categories: Negligent Security

blackfin Negligent Security

In Georgia, property owners have a duty to keep all visitors safe while on their property. This includes providing a reasonable level of security on that property. If you were injured on a commercial or private property due to inadequate security, you might have a claim for negligent security against the property owner, which is a type of premises liability claim.

Like all premises liability claims, it is in your best interest to speak with an attorney. An attorney can help examine the evidence and determine if the property owner was negligent. An attorney can also advocate for your right to collect compensation from the property owner.

Proving the Elements of a Negligent Security Claim

Negligent security claims are like premises liability claims; you must first establish some essential elements to receive compensation for your injuries. These aspects include:

  1. Duty of Adequate Security – You must show that the property owner owed you a duty to provide adequate security on the property.
  2. Breach of Duty – Your attorney must argue and show evidence that proves that the property owner breached his or her duty to provide adequate security.
  3. Causation – The breach of duty must be the direct cause of your injury.

Who Has a Legal Obligation to Provide Adequate Security?

The legal obligation to provide adequate security on a property is extended to multiple categories of property owners, including commercial businesses, landlords, homeowners, security personnel monitoring a property, and property managers. Also, sponsors of events, vendors, contractors, and organizers of concerts may be required to provide adequate security when inviting visitors to their premises.

What is “Adequate” Security?

Appropriate and adequate security is examined on a case-by-case basis. After all, what is reasonable for one property may not apply to another type of property. The victim’s presence and reasons for being on the property will also influence the level of security required.

Some appropriate security measures that a property owner may deploy include fences, security cameras, parking lot lighting, exterior lighting, security hardware, and security guards. While a commercial property might be expected to have security guards present, for example, a homeowner would obviously not be required to have a security guard on the property.

The courts would examine the level of safety required by that property and the owner. Consider, for example, a business located in a high crime neighborhood. This business would need to take more security measures than a homeowner’s property in a suburban area with no or limited history of crime activity.

Common Types of Negligent Security Claims

There are a variety of claims that can arise from negligent security, but typically these claims stem from a criminal act. Therefore, the person who caused the victim’s injury is not necessarily the plaintiff in the negligent security claim. Instead, it is a third party.

Some events that might lead to a negligent security claim include:

  • Shootings
  • Homicide
  • Physical Assault
  • Sexual Assault
  • Kidnapping
  • Mugging
  • Carjacking
  • Robbery

Speak with an Attorney About Your Negligent Security Claims

Sometimes, owners will try to skirt the law and save on costs by providing inefficient security. These owners need to be held accountable for the injuries that they cause, but they should also serve as an example to the public so that other property owners avoid making the same error.

For your negligent security claim, speak with The Law Offices of B. Clarke Nash, P.C. As a local Savannah personal injury attorney, Clarke Nash will help you with your case and advocate for your right to compensation. Schedule a free consultation now at 912-200-5292 or contact him online with your questions.