Negligent Security Law: How It Could Affect You
Property owners are legally responsible for the safety of visitors to their property. This is known as Negligent Security Law. If an individual is harmed while visiting the premises the owner of that property may be held liable for their injuries. That includes injuries sustained during third party attacks.
While there are many kinds of negligence that property owners can be accused of, negligent security cases only deal with safety issues that are related to third party attacks. To win damages, the injured party must prove that what happened to them could have been predicted and that the property owner did not act in a manner that would protect visitors. For example, the defense team of a person who was robbed on site might cite related crime statistics or a lack of security on the premises.
A claimant might say they were raped, attacked or injured on the property due to a broken lock or the lack of a security guard or insufficient lighting. An owner might not have inspected the premises on a regular basis and missed these security hazards. If negligence can be proven, the owner may be liable for damages.
However, establishing blame can be complicated and in many such cases, it is difficult to establish a property owner’s responsibility. That means the person making the claim may not be awarded any damages or only get a percentage of the damages they are suing for.
Negligent security law defines three types of visitors to a property. The first is someone invited to the property for business reasons. The second is a person on the property with the permission of the owner. The last type of visitor is someone who visited the location without the owner’s permission.
Whether or not the injured party was invited to the premises, they may still be liable for damages if the visitor was injured. In some jurisdictions, a trespasser may still be able to claim damages if they were injured while in the act of trespassing.
The legitimate visitor’s claim may earn more sympathy from the court but there have been instances where a trespasser won damages in a premise liability case. If the owners had invested in security measures to keep the trespasser out of their property, it was reasoned, they would not have to deal with his injuries.
Negligent security cases can be complicated. If you are involved in a case that involves negligent security, whether you are filing a claim against a property owner or defending a case against your property, it’s important to seek the counsel of a lawyer that specializes in negligent security law.