Boca Raton Negligent Security Attorney
Unfortunately, crime occurs, often resulting in victims and bystanders suffering injury or death. Negligent security is a type of premises liability claim brought by an individual who suffered injuries, or a family who lost a loved one, due to crime on a property where the landowner, manager, or occupier failed to implement adequate security measures.
If you suffered harm or loss as a result of a crime committed on someone’s property, you may have a negligent security claim allowing you to hold the landowner, manager, or controller responsible for the resulting damages. It is important however to have an attorney with the right knowledge and experience because negligent security claims present unique obstacles and complications.
Why Negligent Security Claims Are Important
Negligent security claims are important for several reasons. First, they allow victims and bystanders who suffer loss as a result of a crime the opportunity to obtain compensation for their injuries and losses. This is crucial because, in many instances, the criminal may be unknown, and, in most instances, the criminal does not have the resources to pay for the injuries and damages suffered by the victim. The landowner, manager, or controller of the property where the crime occurred generally has greater resources and an ability to compensate for the loss. Second, this area of the law holds landowners, managers, and controllers responsible for crime that occurs when there are inadequate security measures in place to prevent such crime. This encourages landowners, managers, and controller to implement security measures to prevent crime, which in turn makes our community a safer place.
When Landowners and Controllers are Responsible for Negligent Security
Negligent security is a subset of premises liability and, therefore, the duty owed by a landowner, manager, or controller is dependent on the victim’s status on the property. Generally, landowners have no duty to prevent crime committed by third parties on their property. The exception though to this general rule is where the crime is foreseeable.
Whether criminal activity is foreseeable depends on various factors, which are fact specific and often play the most critical role in the negligent security case. One important factor is whether prior crimes had occurred on the property and the nature of those prior crimes. Typically, the jury determines whether criminal activity was foreseeable, and it does so based on considering all the facts and circumstances.
Because of this element, negligent security attorneys spend significant time gathering evidence relevant to whether a landowner, manager, or controller knew or should have known of the potential for criminal activity. If criminal activity was foreseeable, the landowner, manager, or controller may be responsible for harm caused by crimes committed on their property, depending on why the victim was on the property and the security measures that were in place.
If criminal activity is foreseeable, basic security measures must be implemented to prevent crime. This is required of any business or landowner or manager who invites people onto their premises, including apartment complexes, homes, business, parks, resorts, hotels, stores, or other properties frequented by the public.
Security measures may include fencing, environmental protections, lighting, cameras, gates, or security personnel, among other things. If a landowner, manager, or controller fails to implement sufficient security measures to prevent reasonably foreseeable crime, leading to a crime on the property harming the victim or a bystander, the landowner, manager, or controller may be held civilly responsible.
What must be proven
Accordingly, to pursue a claim for negligent security, the following elements must be established: (1) that the injured or deceased was lawfully on the premises, (2) that the property lacked adequate security measures, (3) that the crime that occurred was reasonably foreseeable to the landowner, manager, or controller, and (4) that the crime caused harm or injury.
How we can help
If you suffered injury or loss during the course of a crime on someone else’s property, contact Hersh Kirtman Injury Law. The landowner, manager, or controller may be responsible, and you may be entitled to compensation for your loss. We will investigate the incident to determine whether you may proceed with a negligent security case. We will do all that we can to hold any person or entity who had a duty to prevent the crime but failed to do so responsible.