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Whenever you go to a nightclub, concert, sporting event, shopping mall or any other public venue, the last thing on your mind is sustaining a catastrophic injury. These places often have private security personnel who are responsible for the safety of visitors on the premises.
Security measures aren’t just a luxury. They have become an expected standard for property owners to maintain a safe environment and inhibit criminal activity. Security guards are stationed in lobbies of condo complexes to guard residents. Cameras are located in shopping malls and storefronts to discourage theft.
However, even though security is present, negligent and deliberate actions may still occur which results in injury to you or your loved ones. If you have been injured due to negligent security, our Dallas personal injury attorney can provide the solid representation to recover monetary compensation to pay for your medical bills, loss of income, as well as pain and suffering. We possess the comprehensive knowledge and experience to help you navigate the complexities of the legal system and court proceedings.
Negligent security is a type of premises liability that deals with civil remedies in the case of crimes and violent acts. The scope of law concerns negligent property owners or other parties who fail to install adequate security. The negligence must result in the victim’s injury by a third party as a result of the lack of security.
In negligence claims, the defendant must owe some sort of duty to the plaintiff that imposes a standard of care the defendant must meet. In a negligent security lawsuit, the duty invoked is that which is imposed on property owners to safeguard visitors from predictable third-party crimes.
The claims in a negligent security can be broad. Since the liability is imposed on the property owner, the type of cases seen in a negligent security claim can be anything that occurs as a result of the negligence.
Negligent security claims are often brought as civil liability claims following the charge of a criminal complaint. Common claims brought in relation to negligent security include:
To prove a negligent security claim, the plaintiff must show that the crime may have been avoided or less likely if the property owner had employed adequate security measures.
Any property owner may be held liable for failing to protect its visitors, renters or customers in a premises liability claim. While inadequate security involves the failure to hire the proper amount of security guards, there are many forms of negligent security.
The most common causes of negligent security can be thought of as falling into one of two categories: 1) Human Error or 2) Device Failure.
The traditional type of negligent security claim relates to issues with personnel.
Security staff responsibilities to safeguard inhabitants and visitors include doing routine patrol, regularly examining surveillance footage, and investigating alerts.
The tasks are often thankless and varying property owners differ in the emphasis placed on the importance of security. Some may hire well-trained in-house staff and institute policies/procedures to abide by. Others may find the labor too costly and instead elect to contract out to a third-party security company. Worse, some may simply do nothing all together.
Because of the varying level of attention property owners place in security, instances of careless by human error often occur. Security personnel who fail to investigate claims, show up late, and forget to monitor security systems are all instances of human error that can be brought as a claim.
The standard of security has become increasingly elevated as technology has evolved. Expensive systems that were reserved for only elite companies have now become affordable for small-business owners. Motion detection systems, window alarms, door locks, and high-quality cameras can be purchased with proper selection.
Some property owners still fail to see the value and may choose to skimp out when purchasing equipment. Locks that are easily broken into or cameras that “fail” when needed are more than just unfortunate circumstances – they can be regarded as property owner negligence.
Common ways an owner can be held liable for negligent security include:
Negligent security claims can be incredibly tricky because property owners will do anything to point the finger at some other underlying cause. The reality, though, is that a basic standard of care should be met. If a property owner clearly demonstrates a lack of care in meeting that standard, victims should be compensated.
At Mathias Raphael PLLC Accident & Injury Lawyers, our goal is justice for the wrongfully injured. Our Dallas personal injury attorney will aggressively pursue monetary compensation for your injuries. Inadequate security can result in violent crime, sexual assaults, and even wrongful death. Let us protect your rights by fighting for your justice. Contact our Dallas Negligent Security Lawyers today for your free consultation so we can ensure you are given the compensation you and your loved ones deserve.
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