Negligent security is a legal concept that holds property owners and managers responsible when they fail to provide adequate safety measures to protect visitors, tenants, or customers from foreseeable crimes.
If someone is injured due to a crime that could have been prevented with reasonable security precautions, the property owner may be liable for damages. A Lafayette premises liability lawyer will help you hold the at-fault party accountable for their negligence.
Understanding Negligent Security
While general premises liability cases often involve accidents such as slips, trips, or falls, negligent security claims arise when inadequate protection creates an environment where criminal activity is more likely to occur.
Property owners have a legal duty to take reasonable steps to safeguard tenants, customers, and visitors from foreseeable harm. This duty does not require eliminating all risks, but it does mean addressing known dangers and implementing basic safety measures.
Common examples of negligent security include:
- Poorly lit parking areas: Dim or nonfunctioning lighting in parking lots, garages, or walkways can create opportunities for assaults, robberies, or vehicle break-ins because criminals are less likely to be seen or identified.
- Broken or missing locks: Malfunctioning door locks, unsecured gates, or damaged access systems make it easier for unauthorized individuals to enter apartments, hotel rooms, or offices, increasing the risk of theft (Louisiana Revised Statutes Tit. 14, § 67) or personal attacks.
- The absence of security cameras: Without surveillance cameras, criminal activity often goes unmonitored and unrecorded. Security footage not only deters potential offenders but also provides valuable evidence if an incident occurs.
- Lack of trained security personnel in places where criminal incidents are likely: High-traffic venues such as nightclubs, shopping centers, or stadiums often require security guards or patrol staff. When property owners fail to provide properly trained personnel, visitors are left more vulnerable to violent behavior.
When property owners ignore these responsibilities, they may be held liable if someone is injured as a result. An experienced attorney will determine how serious your premises liability injuries are and help you file a strong claim.
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Common Locations for Negligent Security Incidents
Negligent security incidents can happen almost anywhere, but some locations are more frequently associated with these claims because of the number of people they serve and the risks involved.
Property owners and managers in these environments are expected to anticipate potential dangers and take reasonable steps to protect visitors, tenants, and customers from foreseeable harm. When they fail to do so, victims of crimes may have grounds to pursue a negligent security claim.
Apartment Complexes and Rental Properties
Tenants and their guests rely on landlords to provide a safe living environment. Broken entry gates, inadequate locks, and poor lighting in hallways or common areas can create opportunities for theft, assault, or other crimes.
Hotels and Motels
Because travelers are often unfamiliar with their surroundings, hotels and motels must ensure adequate security. Inadequate room locks, unmonitored entrances, or poorly lit parking areas can leave guests vulnerable to burglary or attack.
Shopping Centers, Malls, and Retail Stores
Large crowds and open access make retail environments frequent targets for criminal activity. Owners are expected to provide surveillance systems, security patrols, and safe parking areas to protect shoppers.
Parking Garages and Lots
Secluded areas with limited visibility are common locations for assaults, robberies, and vehicle break-ins. Adequate lighting, functioning surveillance cameras, and regular patrols are essential safety measures.
Bars, Nightclubs, and Entertainment Venues
High volumes of patrons, combined with alcohol use, can increase the likelihood of fights, assaults, or other dangerous incidents. Owners must employ trained security staff and crowd control measures to reduce risks.
Elements of a Negligent Security Claim
To succeed in a negligent security case, you must establish certain legal elements to show that the property owner’s failure to provide reasonable protection led directly to your harm. Each element plays a critical role in determining liability and compensation.
Your negligent security lawyer will focus on the following elements:
- Duty of care: Property owners and managers have a legal duty to maintain safe premises and take reasonable steps to prevent foreseeable criminal activity. This responsibility includes measures such as installing adequate lighting, maintaining secure locks, or hiring security personnel where needed.
- Breach of duty: A breach occurs when the property owner fails to meet this obligation. Examples include ignoring broken locks, leaving parking areas poorly lit, or failing to provide surveillance cameras in high-risk environments. Such lapses can create conditions that make crime more likely.
- Causation: For a negligent security claim to succeed, there must be a clear link between the lack of security measures and the harm suffered. In other words, you must show that the crime could have been prevented, or made less likely, if reasonable precautions had been in place.
- Damages: Finally, the victim must demonstrate actual harm caused by the incident. Damages may include physical injuries, medical expenses, lost wages from time away from work, property loss, and emotional distress resulting from the crime.
Together, these elements form the foundation of a negligent security claim. Establishing each one is essential for holding property owners accountable and securing compensation for the victim’s losses.
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An Experienced Premises Liability Lawyer Will Help With Your Negligent Security Claim
With knowledgeable legal representation, you have a better chance of holding negligent property owners accountable and securing the financial recovery you need to move forward. At Galloway Jefcoat Injury Attorneys, we have been helping clients since 1996.
Over the years, we have helped countless injury victims rebuild their lives. Contact us today for a free consultation and learn more about how we can help.
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