Negligent or inadequate security claims are a type of premises liability case that allows a person or family to bring a lawsuit against another party who fails to keep property safe. A common example is an apartment complex owner who refuses or neglects to take action that could have prevented a rape or killing that occurred on his or her property. If you or a loved one has been the victim of this type of tragic event, we are truly sorry that this happened to you and would like to discuss next steps you can take to recover emotionally, physically, and financially from the incident.
Common Types of Inadequate Security Legal Claims
There are many types of negligent security cases which can be brought against a number of different persons or businesses responsible for providing a safe environment. Some of the more common ones include:
- Rape or other types of sexual assaults
- Beatings by one or more persons
- Stabbings or other types of attacks with dangerous objects such as baseball bats
- Shootings with handguns, shotguns, rifles, or even airsoft, paint, or pellet guns
- Being runover with a car or other vehicle
- Exposure to toxins or drugs (e.g. fentanyl)
- Vicious animal attacks
Negligent security claims are unique in that they are brought against a person, business, or organization that is responsible for keeping a property safe as opposed to the individual(s) who committed the violent act.  (Of course, you may also have a claim against the person who actually perpetrated the rape or attack against you or otherwise caused your injury.)  Defendants in these cases often include property owners, developers, managers, lessors, lessees, security companies, insurance companies, or others who have control over the property as well as a legal duty to keep it safe. Because they either neglect safety protocols or take actions to increase the likelihood of danger, they may be held responsible for financial damages to an injury victim or family of a killed loved one.
Common Types of Negligence or Mistakes in Security Protocols or Actions
Some people believe that each person is responsible for his or her own safety, and if something bad happens, the blame falls only on the individual. But that is simply not true. Our legal system puts a duty on those in control of property to take reasonable care to provide a safe environment. This is especially true when a danger is known to exist, such as drug trafficking or other criminal behavior on the premises. When the following are missing entirely, broken, or performed improperly, a claim for negligent security is often the mechanism for recovery of compensation:
- Fences, walls, or other barriers designed to keep dangerous individuals off of property
- Security cameras or surveillance equipment
- Locks, keypads, or other devices that restrict access
- Lighting
- Security phones
In addition, improperly staffed security stations and booths, or the failure to properly patrol a known dangerous area, often give rise to lawsuits for faulty security.
Best Next Steps to Take After an Attack on your person while on Property
Negligent security cases are complex and often involve insurance policies and complicated issues of coverage. This makes having an experienced attorney critical for obtaining fair and just treatment. Attorney Client Match will match you with the experienced legal counsel you need to understand your rights and obtain justice. But please do not delay. There are deadlines that apply to bringing a legal claim as well as evidence that must be preserved to successfully resolve your case. Our team is here to help and we look forward to speaking with you soon.
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