When it comes to personal injury claims, many people are aware of the possibility of suing for damages when accidents happen due to negligence. However, not all injuries are straightforward, especially when they occur due to inadequate security on a property, whether private or public. The legal concept of negligent security plays a key role in such situations. But what happens if you are injured on private property or in a public place? Can you still pursue a negligent security lawsuit?
What Is Negligent Security?
Negligent security refers to the failure of property owners, managers, or operators to take reasonable precautions to prevent harm to individuals on their premises. This can include failure to provide adequate lighting, security personnel, surveillance cameras, or other measures that could prevent criminal acts or injuries.
In cases of negligent security, individuals who are injured due to criminal activity (such as assault, robbery, or theft) or accidents (such as slip-and-fall incidents) resulting from inadequate security can pursue a lawsuit for damages.
Can You Sue for Negligent Security on Private Property?
The short answer is yes — you can sue for negligent security on private property if you are injured due to insufficient safety measures. Private property encompasses residential areas, shopping malls, apartment complexes, office buildings, parking lots, and other privately owned locations.
When a property owner fails to secure their premises adequately, leading to an injury, they may be held responsible for the harm caused. However, in order to successfully prove a case of negligent security, several factors must be established:
- Duty of Care: The property owner or manager must have a legal obligation to ensure the safety of visitors. For instance, a landlord has a duty to provide adequate lighting and security in common areas like parking lots or hallways.
- Breach of Duty: The owner or manager must have failed to take reasonable security measures, such as not installing cameras, failing to provide adequate lighting, or not hiring security personnel when warranted.
- Causation: You must prove that the lack of security directly contributed to the injury. For example, if you were assaulted in a poorly lit parking lot, and better lighting could have prevented the attack, you may have a case for negligent security.
- Damages: Finally, you must demonstrate that the injury resulted in damages, such as medical bills, lost wages, and pain and suffering.
If you believe negligent security contributed to your injury, it is crucial to contact an experienced lawyer to evaluate the details of your case.Snyder & Wenner, P.C. has been helping individuals navigate complex personal injury claims for years and can offer expert legal advice to determine whether you have a viable claim.
Can You Sue for Negligent Security in a Public Place?
Negligent security cases aren’t just limited to private property. You can also pursue legal action if you’re injured due to inadequate security in a public place, such as parks, schools, or government buildings. In these scenarios, the entity responsible for maintaining public safety, whether it’s a local government, municipality, or another public body, may be held accountable.
However, suing for negligent security in a public place can be more complicated than on private property. Government entities often have sovereign immunity, meaning they are immune from lawsuits unless they waive that immunity. Therefore, you may face additional legal challenges if you are trying to sue a public agency for negligent security.
For example, if you are injured in a public park due to insufficient lighting or lack of security guards, you may be able to file a claim. But, the process for suing a government entity differs from that of a private property owner. You must typically follow specific procedures, such as notifying the agency of your claim within a short period (often 60 to 180 days), and may need to prove that the public agency was negligent in maintaining safety measures.
Common Examples of Negligent Security Claims
Negligent security claims can arise in various situations, such as:
- Apartment Complexes: If a tenant or guest is injured due to poor lighting or a lack of security personnel, the property owner or manager may be liable for the injuries caused.
- Shopping Malls: If an assault occurs in a poorly lit parking lot, or a robbery happens in a mall with inadequate surveillance cameras, the mall owners may be found negligent.
- Public Parks: If someone is assaulted in a public park due to a lack of security staff or improper lighting, a claim can be made against the city or agency responsible for maintaining the park.
- Hospitals or Schools: These institutions are responsible for providing a safe environment. If injuries occur due to a lack of security or safety measures, they can be held liable.
Steps to Take After an Injury from Negligent Security
If you’ve been injured due to negligent security, there are several important steps you should take:
- Seek Medical Attention: The first priority is always your health and safety. Seek medical attention for your injuries, even if they seem minor at the time.
- Document the Scene: If possible, take photographs of the area where the incident occurred. This includes poor lighting, security issues, or any other factors that may have contributed to the injury.
- Report the Incident: Report the incident to the property owner, manager, or local authorities, and make sure to file an official report.
- Contact an Attorney: Negligent security cases can be complicated, and you may need legal assistance to navigate the process. An attorney with experience in premises liability and negligent security claims can help guide you through the steps and increase your chances of a successful outcome.
If you are unsure of your legal rights or the strength of your case, Snyder & Wenner, P.C. offers free consultations to help you understand your options.
