- July 21, 2019
- Attorney Matt Stoddard
- Negligent Security
When you go out to enjoy yourself in a public place like a park, club, or movie theater, you have the right to expect the owner to keep the area safe. This falls under an area of the law called premises liability: property owners can be held liable for damages done on their property, if it can be shown that the owner’s failure to provide a reasonable degree of security contributed to the harm. This post will give you a few examples of negligent security, but bear in mind that these are only a few examples.
When you look for negligent security examples, they are usually criminal acts committed by someone other than the property owner. With a negligent security case, the argument is that the harm you received could have been prevented if the property owner had done their due diligence by putting reasonable security measures in place. A few of the crimes that could potentially lead to a negligent security claim include:
- Assault and battery
- Rape, sexual abuse, and sexual assault
Victims of these crimes, as well as their family members, may well want to consider whether negligent security was a factor in the situation. If you or a loved one has been the victim of a crime on the property of a business, you may have a claim of negligent security. Get in touch with The Stoddard Firm at 678-737-8587 or contact us online to set up a free consultation. We’ll go over the details of your situation and help you evaluate your negligent security case, and we can represent you in court if that becomes necessary.
Negligent Security Examples
- Shooting Victims
Shootings can happen as part of an isolated incident or in mass shootings. In both cases, businesses have the duty of care to ensure that they can provide a safe environment to their patrons. This can include requirements to have security guards, lighting in entrances and hallways, security cameras, and a variety of other security implements.
Violent acts happen, and there are limits on what certain businesses will be able to do to ensure the safety of their patrons. What constitutes reasonable precautions can depend on the nature of the business. But all businesses have the requirement to give their patrons a reasonable degree of safety, which means shooting victims should always speak to a lawyer to see whether they have a case of negligent security.
- Assault and Battery Victims
Assault is generally defined as an action that is meant to cause “a reasonable apprehension of imminent and harmful contact.” In other words, an assault takes place when someone intentionally gives another person cause to believe they are about to be harmed. Battery takes place when the intentional harmful contact actually occurs.
Businesses have a duty of care to ensure that their patrons do not fall victim to assault and battery. Businesses, such as bars and clubs, where the potential for these sorts of incidents to occur is very high, are expected to maintain sufficient security on hand to ensure that such incidents either do not take place or are rapidly broken up.
That being said, all businesses have a duty to take precautions against assault and battery. Fights can potentially break out anywhere, and every business has a duty to make sure these events are as rare as possible and cause as little harm as possible.
- Rape, Sexual Abuse, and Sexual Assault Victims
Just as with shootings and assault-related crimes, businesses owe a duty of care to their patrons to take reasonable precautions against any sexual crimes that may occur. As with other crimes, some of the precautions against this include a clearly visible security force, clearly visible and well-maintained security cameras, and adequate lighting in entranceways, hallways, alleys, etc.
Businesses that fail to ensure a reasonable degree of security against sexual crimes can and will be held negligent when these crimes take place. If you or a loved one has been the victim of a crime on the premises of a business, you may have a case of personal injury. Get in touch with a trusted personal injury attorney and set up a consultation. You’ll be able to get an evaluation of your case and consider your options at no cost to you.
- Families of Murder Victims
In the case of murder victims, the family of the deceased may be able to file a negligent security case of a special sort, known as a wrongful death claim. A wrongful death case is like a normal personal injury case in many ways, except for the fact that the case is brought by the family of the deceased, who is, naturally, unable to file the case themselves.
A property owner can be negligent in a murder case in much the same way that they could be negligent in any other personal injury case. Lax security measures, poor maintenance of security equipment, lack of security guard or police presence, and many other preventable factors can combine to make an area unsafe. If the owner of a property does not take reasonable measures to prevent a murder taking place on their property, they can and will be held liable for it. If your family member has been killed on the property of a business, get in touch to set up a consultation.
REACHING OUT TO US IS FREE
Please give us a call at 678-737-8587 or contact us online so we can answer your questions and discuss what is necessary to achieve a favorable result. Being the victim of a violent crime is life changing and can result in confusion and fear. Our Atlanta negligent security lawyers are compassionate and caring, and we honor the dignity of every client during what is understandably a difficult time. Our team is ready to discuss your legal matter to give you a clearer picture of what you can expect if you move forward with your case. Remember, it never hurts to have more information.