If a business fails to provide sufficient security for its patrons, it could be liable for damages resulting from crimes that occur on the property. However, you will need to prove that negligent security contributed to your injuries if you want to successfully sue for negligent security.
For legal help with a potential case involving negligent security, call Chute, O’Malley, Knobloch, and Turcy, LLC at 630-412-4747 to schedule a consultation with a negligent security attorney.
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What Is Negligent Security?
Negligent security involves a business or property owner’s failure to provide adequate security to customers and others on the premises, resulting in injuries due to attacks. More specifically, a person or entity may be liable for negligent security if a robbery, assault, battery, or another crime takes place on the premises and he or she suffers injuries.
There are several instances of negligent security that could lead to a claim in Naperville, including:
Poor Surveillance
Some businesses or property owners may opt for security cameras to maintain security in various locations. If they fail to properly maintain or monitor these systems, or if they don’t respond to security threats sufficiently, they could be liable for negligent security.
Insufficient Security Employment
Some businesses, like nightclubs, must hire security personnel to guard the premises and facilitate the security of patrons. Failure to employ a sufficient number of security guards or negligently employing them could allow harm to come to customers. For instance, a company could fail to conduct background checks on security personnel, leading it to hire an employee with a history of criminal convictions for violent crimes.
Improper Lighting
Certain areas of commercial properties must have proper lighting to maximize visibility in low-light settings. For instance, alleyways near businesses may require lighting, the lack of which could make the business liable for crimes that occur in these areas.
Inadequate Warning and Alarm Systems
Properties may also need alarms or other systems to signal dangers on the premises. A lack of these systems or poor maintenance of them could make a business liable for negligent security.
A Lack of Functioning Locking Mechanisms
Most businesses need locking systems that can secure premises, such as when closing down the business or specific areas. Not only must these businesses install locks on various doors, but they must also ensure they continue to work properly. Access control measures are also critical here, as unauthorized individuals shouldn’t be able to open any locks.
Inadequate Security Fencing
Businesses often also install fencing to secure properties, but they may not install a sufficient amount of fencing materials to cover the property, or they may either keep fences unsecured or poorly maintain them.
Where Does Negligent Security Occur?
There are many types of locations where violent crime and negligent security may occur.
Locations that may be vulnerable to negligent security include:
- Retail stores
- Restaurants
- Shopping centers and malls
- Educational institutions
- Apartment complexes
- Parking garages
All of these locations must have appropriate security measures to provide adequate protection for patrons.
What Are the Factors That Determine Liability for Negligent Security?
Various factors will impact the potential liability and the amount of compensation involved in negligent security cases.
The following are some of the biggest contributing factors:
The Level of Violent Crime in the Area
The type and amount of security a business needs will largely depend on the risk of violent crime occurring on the premises. In areas where violent crime is more likely to occur, businesses will likely need more security measures in place for protection.
For instance, while locking mechanisms and alarms may be sufficient in an area with low violent crime rates, another business in an area with a higher crime rate may need security personnel, fencing, and surveillance.
The Duty of Care
When filing a negligent security lawsuit, plaintiffs will need to prove several key items, including that the business or property owner owed them a duty of care. Usually, these individuals will owe patrons a duty of care when conducting business or otherwise visiting the premises with the consent of the owner.
If the owner breached that duty of care through negligent security, and a violent crime resulted in injuries or fatalities because of that breach of duty, he or she may be liable to cover compensation.
The Foreseeability of the Violent Crime
Victims in these cases must also demonstrate that the property owner was aware of or should have been aware of the risk of violent crime and prepared accordingly. For example, if a property owner has experienced a history of violent criminal activity on the premises, he or she should take steps to prevent future occurrences.
The Type of Crime That Occurred
Another factor influencing the potential outcome of a negligent security case is the specific type of crime that took place and the extent of resulting injuries and other damages. According to an in-depth study on negligent security, the majority of cases (42%) involve assault and battery, followed by rape and sexual assault at 26%, wrongful death at 15%, and robbery at 9%.
Evidence
You will also need sufficient evidence to prove liability in these cases. This evidence could show how the property owner failed to provide sufficient security and breached his or her duty of care, allowing violent crime and subsequent injuries to develop.
There are many pieces of evidence these cases could involve, from security footage and witness statements to medical records and police reports.
If you need help with collecting or organizing evidence in your case, consult negligent security lawyers.
Statutes and Regulations in Place
State and local statutes and regulations may factor into a negligent security lawsuit. For example, certain industry requirements, building codes, and laws may require different levels of security for businesses. If a business fails to adhere to these guidelines or regulations, it could be liable for negligent security and resulting damages.
Insurance Coverage
Many businesses also carry a certain amount of liability insurance to protect them in the event of injuries to patrons. You’ll want to learn more about the specific insurance type and coverage that the business has, which could impact your ability to file a lawsuit for negligent security.
An attorney can answer any negligent security questions around liability and the different factors that might impact your case.
Types of Recoverable Compensation in Negligent Security Lawsuits
If you sustain injuries and other damages because of a violent crime that occurred on a business’s premises, you may be able to recover different kinds of compensation.
Compensation in these cases could cover:
Economic Damages
The first type of damage to consider is economic, which applies to the financial losses that victims experience in negligent security cases.
There are several specific types of economic damages that you may suffer, such as:
- Medical expenses to treat injuries
- Lost wages or income
- Property damage
- Lost earning capacity resulting from disability
- Rehabilitation expenses
These damages are often relatively easy to identify and calculate, as long as you have receipts and other documentation displaying the precise costs associated with your case.
Non-Economic Damages
You may also be able to recover certain non-economic damages in your case that apply to the personal losses suffered. For example, you might experience physical pain and suffering because of your injuries. Also, many violent crimes are particularly traumatic for victims, leading to intense psychological distress in the form of anxiety, depression, and post-traumatic stress. In addition, you may suffer from disfigurement, a loss of enjoyment of life, and other personal experiences that supplement economic damages.
While it’s harder to prove these damages in many cases, it’s still possible with documentation such as pain journals detailing your experience after a violent crime.
Ultimately, an attorney could help you identify and quantify all damages pertaining to your case when calculating a settlement amount.
When to Hire a Negligent Security Attorney
One of the biggest mistakes after a negligent security claim that someone can make is to try to file a lawsuit on his or her own. These cases can be complex and involve many elements that could impact liability and make it harder to prove that a business owner owed you a duty of care, breached that duty, and negligently contributed to your injuries.
Choosing a negligent security attorney with experience in these matters could help increase your chances of succeeding with a case. He or she can meet with you in a consultation to discuss your case, gather evidence to support a claim or lawsuit, and ultimately help prove liability on the part of business or property owners.
If you would like help with a potential negligent security lawsuit, the Naperville negligent security attorneys at Chute, O’Malley, Knobloch, and Turcy, LLC, may be able to represent you. Contact us today to find out what options are available to you.