When a property owner's failure to provide adequate security results in someone getting hurt, the injured person may be able to bring a claim for negligent security.
Untrained security guards, poor lighting, faulty door locks, and other issues can form the basis for a negligent security claim. Take, for example, cases involving an assault on a rental property, or injuries sustained in a bar fight. Both of these cases usually involve a negligent security component.
Security is a serious issue for land owners and maintainers. If they fail to employ adequate security measures, and someone gets hurt as a result, they may be held responsible for the damages caused by their negligence.
Premises Liability Law
To discuss negligent security claims, you must first understand the concept of premises liability. Premises liability generally describes the principle that owners and maintainers of property owe a duty to keep people on their premises safe from harm. If you are legally on someone else’s property as an invited guest, visitor, tenant, pedestrian, employee or customer, you may be entitled to a reasonable expectation of safety.
In New Jersey, whether a duty of care is owed to a person on a premises depends on a number of factors. Some examples of owners and maintainers of property who must implement reasonable safety measures on their premises include landlords and property management companies for the following types of properties:
- Restaurants
- Shopping malls
- Apartment complexes
- Bars
- Nightclubs
- Spas
- Grocery stores
- Health clubs
- Motels / Hotels / Resorts
- College campuses
For example, the landlord of a multi-tenant building must take certain precautions to ensure the safety of tenants and visitors in the common areas of the property. If a tenant or visitor is assaulted on the premises due to the landlord's failure to maintain adequate security, the landlord may be held liable for damages in a lawsuit.
Inadequate and Negligent Security Issues
No two properties are identical in all respects. What might be considered adequate security for one building, may be inadequate for another. Thus, land owners and maintainers must continually assess the security needs for their property and implement adequate safety measures to make it reasonably safe.
Often, incidents can be prevented by the implementation of simple, yet proven safety measures such as lights, door locks, alarms and security guards. Unfortunately, some businesses, property owners, and landlords opt for minimal measures that ultimately prove insufficient to keep the property safe. Some examples of poor security measures include:
- Inattentive / careless / poorly trained security personnel
- Inadequate lighting
- Substandard locks
- Faulty / missing security cameras
- Easy intruder access to risky property areas
- Lack of background checks on employees
If any of these issues caused or contributed to an incident in which you were injured, you may be able to bring a claim for negligent security claim against the land owner.
Negligent Security Lawyers
There are many factors that must be considered in order to determine whether a viable negligent security claim exists. An experienced personal injury and premises liability law firm, such as Reinartz Law Firm, can help you identify and prosecute such a claim. Contact us today for a free consultation.
