If you were injured in an assault on someone else’s property due to inadequate security, you might be able to file a civil negligent security claim. Negligent security falls under premises liability law, which holds property owners accountable for failing to provide adequate security measures. Victims of such crimes may suffer serious injuries and damages.
For legal assistance with a negligent security case, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
What Is Negligent Security, and When Does It Apply in Illinois?
Negligent security is a premises liability claim where a property owner fails to provide adequate security, leading to foreseeable crimes like parking lot assaults. If inadequate measures, like poor lighting or broken locks, contributed to the crime, you may have a case. The crime should be preventable with reasonable precautions.
What Is Negligent Security?
A property owner may be considered negligent if they fail to take appropriate measures to safeguard individuals on their premises from foreseeable dangers, including foreseeable criminal activity. This negligence represents a failure to fulfill their obligation to maintain a secure environment for visitors, guests, and tenants. If a crime occurs due to insufficient security measures, the property owner could be held responsible for the victim’s injuries.
Negligent security can result in serious harm. One study shows that 42% of negligent security lawsuits involve assault and battery, with sexual assault and rape at 26%, wrongful death at 15%, robbery at 9%, and false imprisonment at 4%. Other incidents, like carjackings and home invasions, fall into a miscellaneous category.
When Does it Apply in Illinois?
Examples of negligent security include:
Inadequate Surveillance
Poorly maintained or unmonitored security cameras can lead to liability for negligent security if threats are ignored.
Insufficient Security Personnel
Nightclubs and similar businesses must hire and vet adequate security staff. Failing to perform background checks can lead to hiring guards with violent histories, posing risks to customers.
Poor Lighting
Poorly lit areas, such as those near dark alleyways, can increase the likelihood of crime on the premises.
Lacking Alarm Systems or Warnings
Businesses should be equipped with alarm systems and warnings. Failure to maintain or properly operate alarm systems can result in apartment and hotel assault claims.
Defective Locking Mechanisms
Reliable locks are essential for securing business premises. Owners must ensure locks operate effectively and implement proper access controls.
Ineffective Fencing
Businesses are liable if their fencing is insufficient, not maintained, or left unsecured, leading to security issues.
How Property Owners Can Be Held Liable for Assaults on Their Premises
In Illinois, if you are assaulted on someone else’s property, you may hold the property owner liable if their negligence contributed to the incident. You must show that the owner had a duty to keep the property safe, failed in that duty, and that this negligence led to the apartment assault. Additionally, you need to demonstrate that you suffered damages. Proving liability can be difficult, often needing evidence of a dangerous condition or a history of similar incidents.
Elements of a premises liability claim
To sue for negligent security, you need to demonstrate the following:
Duty of Care
The property owner had a responsibility to maintain a reasonably safe environment for you as a visitor.
Breach
They failed to take necessary actions to protect you from foreseeable harm. This might include ignoring broken locks, inadequate lighting, or insufficient security in areas where crime is more likely to occur.
Causation
Their negligence in addressing these safety issues played a direct role in the assault you experienced and the injuries you sustained.
Damages
You faced real consequences, including medical bills, lost wages, and the pain and emotional turmoil that followed the incident.
Factors that can lead to liability
- Inadequate security: Not implementing sufficient security features, like surveillance cameras or proper lighting, especially in high-crime areas.
- Neglected upkeep: Overlooking dangerous situations that could have been remedied, such as malfunctioning locks on doors or gates.
- Lack of warnings: Failing to inform visitors about existing hazards on the premises.
- Previous incidents: The property owner was aware of past assaults or criminal activities in the vicinity but did not take reasonable measures to reduce the risk of future events.
Proving Foreseeability in Illinois Negligent Security Cases
To establish foreseeability in an Illinois negligent security case, you need to show that the property owner either knew or should have known about a crime risk on their premises. This can be demonstrated through a history of previous crimes in the area, specific threats or warnings received, or the property is situated in a high-crime neighborhood. The owner’s inaction in implementing reasonable security measures highlights their responsibility. Relevant evidence includes prior police reports, witness accounts, and an assessment of existing security measures.
If you were injured due to negligent security, consult an Illinois negligent security lawyer to answer your negligent security questions and help you avoid mistakes after your claim. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for help with collecting evidence and navigating the legal process.
Frequently Asked Questions
Do I need a lawyer for a negligent security claim?
Negligent security cases can be complex and require evidence to establish a property owner’s negligence. A personal injury attorney can assist in gathering evidence, demonstrating the foreseeability of the crime, identifying responsible parties, negotiating with insurers, and representing you in court.
What is the deadline for filing a negligent security lawsuit?
In Illinois, you generally have two years from the date of the injury to file a negligent security lawsuit. It’s important to consult an attorney promptly, to ensure you don’t miss the deadline.
Why sue the property owner instead of the criminal?
Suing the criminal often results in limited financial recovery, since they may lack assets or insurance. In contrast, suing the property owner for negligent security allows you to hold a party with financial resources accountable for your losses.
