Negligent Security: Whom Do You File A Negligent Security Lawsuit Against?

This article seeks to provide a fundamental grasp of who you should sue. Your Layton Law personal injury attorney can explain this in detail as it pertains to your situation and assist you in establishing a claim against the right defendants for your negligent security lawsuit.

What is a negligent security claim?

A negligent security claim is a type of premises liability lawsuit in which the property owner or manager failed to take reasonable precautions to ensure the safety of their customers or tenants, and it was probable that an individual would be injured by a criminal act on the property.

For example in crimes such as assaults, robberies, or shootings that occur in locations where adequate security measures might have prevented the crime.

To succeed in a negligent security lawsuit, four crucial aspects of negligence must be established;

1. Duty of Care: The first factor is that the defendant (the property owner or management) has a responsibility to safeguard the safety of those on their property. This obligation is the most significant in determining who to sue in a negligent security action. Potential defendants in a negligent security case include individuals or corporations who owe the victim a duty of care.

2. Breach of the Duty of Care: The second component of negligence is the breach of that obligation. It must be demonstrated that the defendant did not satisfy the requisite level of care, such as by neglecting to address known security issues, improperly lighting the premises, or failing to hire enough security workers.

3. Causation is the third factor, which requires the plaintiff to establish that their damage was caused by the defendant's violation of a duty of care. This involves demonstrating that the illegal act that resulted in the injury was predictable and would not have occurred if sufficient security measures had been in place.

4. Damages: The fourth and last criterion is proof of injury or damage. The plaintiff must present actual proof of the harm sustained, such as bodily pain, psychological suffering, or financial loss. An attorney with competence in premises liability and negligent security lawsuits should gather facts and expert witness testimony to properly show these aspects.

Who are the defendants with a duty of care to the victim of negligent security?

In most negligent security cases, the defendant is the person or entity who is in charge of the property where the damage occurred. However, most negligent security charges involve many defendants and companies who are not the property owners, such as:

Property Owners

The property owner is the most apparent defendant in a negligent security case. They own the property and are normally responsible for providing appropriate security measures to protect visitors from predictable criminal attacks.

Commercial Businesses

Businesses that lease commercial facilities, such as stores, restaurants, or offices, are responsible for keeping their customers and workers safe and may be named as defendants in a negligent security action. If a commercial client fails to provide proper security and someone gets hurt as a result, they may be held responsible.

For instance, if a business in a mall is often targeted by thieves owing to inadequate security and a client is hurt during one such event, the victim may be entitled to file a negligent security claim against the store.

Landlord

Although a landlord is frequently a property owner, they are worth discussing individually due to the obligations that come with renting out property to another person. A landlord's obligation to their tenants and visitors to the premises varies based on the circumstances of the attack.

A landlord is often in charge of maintaining communal spaces like stairwells and parking lots. If a landlord fails to replace a damaged lock, allowing an attacker to gain entrance or fails to provide enough lighting in a shared area where a tenant is subsequently assaulted, they may be held accountable for negligent security.

Property Managers

Property management businesses are another type of defendants in negligent security lawsuits. These organizations, which are frequently employed by property owners to monitor the daily operations of a facility, are typically responsible for ensuring that appropriate safety precautions are in place.

This may involve the installation and maintenance of proper lighting, surveillance systems, and safe locks. If a violent crime or injury happens on the property because of inadequate security measures, the property management business may be held accountable.

Security contractors

In some cases, a security contractor may be a defendant in a negligent security claim. These are the individuals or corporations hired by property owners or enterprises to implement and manage security measures. If an event happens as a result of suspected flaws or gaps in the security contractor's services, they may be held accountable.

Examples of such failures include inadequately trained security staff, inefficient surveillance systems, and a failure to respond to known security threats.

The criminal is not the defendant in your negligent security lawsuit.

It is critical to understand that the criminal attacker is not a defendant in a negligent security lawsuit. They might be a defendant in a separate criminal claim filed by the authorities.

According to the criminal claim, the attacker risks criminal consequences such as imprisonment. Your civil negligent security lawsuit seeks financial compensation from the property owners (or any prospective defendants indicated above) for medical costs, lost earnings, pain and suffering, and other damages incurred because of the assault.

If you or a loved one has been injured because of negligent security, or you have questions about this subject please consult with a personal injury lawyer.