Negligent security is a type of premises liability claim that allows a person injured by a third-party attacker to seek recovery for his or her injuries from the property owner. Landlords, business owners, universities and management companies may be found liable for negligent security.
Premises liability law covers negligent security claims, as they arise from the ownership or control of property or "premises." Under premises liability law, a property owner (or any party responsible for maintaining the property) may be held liable for injuries if they were the result of dangerous conditions on the property. Although a variety of circumstances may create unsafe conditions, negligent security law traditionally addresses those that contribute to third-party attacks.
The doctrine of negligent security allows recovery by injured parties against property owners and property managers for foreseeable criminal attacks by third parties; i.e., if criminal conduct of a third party is foreseeable the landowner has a duty to prevent injuries to other persons on the property if it reasonably appears (or should appear) to them that those persons may be injured on the property. Even prior crime in the area, if not taken into account by the property owner, may comprise negligence under certain circumstances; if a business is in a high crime area the landowner may be required to take special safety measures such as hiring security personnel or installing security systems.
Under current laws, attacks occurring at apartments, hotels, condominiums, bars, university dormitories and campuses, shopping centers and other public areas or buildings may be eligible for a negligent security claim. The degree of legal responsibility property owners may be held to is determined by a combination of building codes, ordinances, statutes, and, most frequently, court decisions. If an apartment complex or other business has a history of security-related issues they may be held liable for your injuries.
A recent study of premise security liability throughout the United States found that the main targets of these lawsuits were residential apartment building owners and hotel and motel owners. There has also been a rise in criminal acts against students at universities and colleges, and any student who is a victim of a criminal attack on their college or university grounds may seek to hold the institution responsible for not providing adequate security on campus.
It is important when dealing with a possible negligent security claim to notify legal representation so that an independent investigation can take place if necessary for your case. It may be crucial to review the criminal activity of the area under question. Brent Cordell is an experienced personal injury attorney and will fully review your circumstances and advise you of the legal process ahead. He represents victims in negligent security cases and relentlessly pursues the maximum compensation possible.
