What Is Negligent Security? |
Posted: July 30, 2018 |
No one wants to become the victim of an attack. When we go to a commercial, residential or public event or space, we do so under the guise that we are going to be safe and protected during our time there. Unfortunately, there is no way to stop every single person who comes to an event or space harboring the intent on committming certain deeds despite our best efforts. Instances like these beg the question: are there times that the security that was in place was not sufficient to guarantee the protections that we all should have a reasonable assumption to expect? LiabilityPutting the liability on a third party is rarely someone’s first thought after being involved in an altercation. If someone is carjacked in a parking lot it, is clear that they can file a lawsuit against the person who performed the violent act just as a patron of a bar who is injured in a bar fight could sue the person who assaulted them. When someone is guilty of attacking another person, it can be obvious who is to blame for the injuries that they suffered. Of course, it might not always be easy to find the person who carried out the offense even if what they did was caught on camera, they could still get away, and there are no assurances that the individual will definitely be caught. What is not as obvious is realizing that the location itself has a certain level of protection that they are supposed to provide to the people who are there, and that the failure to do so can make them liable for your injuries as well. Whether it is due to inadequate lighting on the premises or poor training of a security guard that they hired to protect their customers, these are just some examples of negligent security that an owner or tenant of the property may be responsible for if they did not properly address the safety of the people visiting their establishment. Negligent SecurityNegligent security is a part of premises liability that deals with holding property owners responsible for any injuries or damages that occurred on their land from a third party due to a lack of a reasonable amount of security. Whether it is a parking lot, mall, sports complex, hospital, bar or even a restaurant, these locations have an obligation to provide a certain measure of care for their occupants. Not doing so could make the owners of such establishments accountable for any injuries or damages that occur. The criminal who commits the act will clearly be at fault for their actions but if the property does not adhere to the degree of protection that is required of them by the law, then they can also be held liable for these types of instances. Types of Negligent SecurityThere are different types of negligent security that one should take into account if an unfortunate incident like this happens to you or someone you love. While the person or persons who committed the initial act need to be punished, it is important to hold all properties answerable for incidents that happen on their premises in order to make sure they do not happen to anyone else again in the future. Some examples of negligent security are:
If any of these circumstances take place, it is possible that the owners of the property could be guilty of negligent security, in addition to the criminal who committed the wrongful act. It is up to the owner to ensure that anyone that walks on the grounds have access to the necessary amount of security that is owed to them by law. If someone is injured or if something gets damaged because they did not provide this security, they can be held accountable for having negligent security. These environments have a responsibility to make sure that the people there are safe, and it is a responsibility that if ignored will make the landowners obligated to help make the situation right. Negligent security cases often arise when the perpetrator of the primary action cannot be found, which can happen in events such as robbery or assault in these public places. Furthermore, many of these localities carry insurance against these types of occurrences which makes it easier for the individual bringing the case to actually get compensated for the crime that they were a victim of. This is because the main perpetrator may not be found for some time if they get away or their identity is not captured, but those who did not have the proper security measures in place will almost always be easy to find since they are the owners of the property. Being aware of all of your options when you are the victim of an attack is the best way to get some sort of justice for suffering through such a trying ordeal. The laws can vary by state, but as long as you can prove that any of the above factors were or were not in place, it is very possible that you can make a claim against a third party for negligence, on top of hopefully finding the person who wronged you. This law not only provides a safer environment for the people who will be there, but it is also a deterrent against putting their patrons in this type of position to begin with. With increasingly better technology and a bigger emphasis on safety these days, hopefully the goal of people enjoying their events without the stress of being just another negligent security statistic becomes the reality.
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