Can Inadequate Security Lead to Personal Injury
Inadequate security causes serious consequences concerning the safety and well-being of individuals. When safety measures are ignored, the results can be tragic, leading to death, physical injuries, and emotional anguish.
In the following article, we will discuss the responsibilities of property owners and managers and the legal recourse that is possible for those who have been harmed because of inadequate security.
Table Of Contents
- 1 What is Inadequate Security?
- 2 Liability Issues Surrounding Inadequate Security
- 3 Is There Legal Recourse for Personal Injury Due to an Injury Caused by Inadequate Security?
- 4 You Might Be Entitled to Compensation if You Sustained an Injury Because of Inadequate Security
- 5 Proving Damages Have Occurred
- 6 Seeking Legal Counsel Following an Injury Resulting Because of Inadequate Security
What is Inadequate Security?
When a property owner or property manager neglects to provide security measures that will keep people from being injured, this is considered inadequate security. This can happen in a variety of ways:
Poorly lit areas encourage criminal behavior since concealing what they are doing is easier. The person in charge of the property should ensure the area is safe by providing adequate lighting.
Failure to Secure a Building
A lack of proper locks and doors, and windows allows access to the building to those who are not authorized to be there. This can potentially cause harm to those inside.
Insufficient Security Personnel
When security staff is lacking or appropriate security measures are unmet, the potential for criminal acts are more present. These can include violent conduct, theft, sexual assault, or vandalism.
Keep Bushes and Shrubs Trimmed
Overgrown foliage gives a person looking to behave badly somewhere to hide. By keeping plants trimmed and neat, you take away a hiding place for someone intending to participate in dangerous activities.
Liability Issues Surrounding Inadequate Security
Property owners or managers are legally responsible for ensuring the people on their property are safe. “The businesses that can be involved in negligent security claims include bars, restaurants, apartment complexes, hotels and motels, schools, colleges, daycare facilities, gas stations, and other public and private properties,” note negligent security attorneys at Vanguard Attorneys.
When a person is harmed because of inadequate security measures, the owner or manager of the property could be held liable for their damages. Sometimes, these issues are unclear, and the accident details will determine the extent of liability.
Generally, property owners are responsible for inadequate security for the following reasons:
1. They had knowledge of a potentially dangerous situation and failed to take the appropriate actions to secure it.
2. They were unaware of a potential danger that they should have been, had they been paying enough attention, and did not take measures to correct it.
3. They were aware of a dangerous issue that they chose to ignore.
4. When safety issues that one can reasonably assume will cause harm to go unaddressed, the property owner will be liable for injuries caused.
Is There Legal Recourse for Personal Injury Due to an Injury Caused by Inadequate Security?
If inadequate security measures harm an individual, they may be eligible for legal compensation. The available legal recourse depends on the details of the case.
A negligence claim assumes that the property owner or the manager of the property has a duty of care to individuals. This means that they are responsible for ensuring the safety and well-being of the individuals on their property. If the property owner fails to do their part in providing a duty of care, they can be held responsible.
To prove negligence, the claimant must establish that the defendant has a duty of care. Once that is established, it must be proven that the property owner breached that duty of care. After establishing these two critical points, the plaintiff must show that their injuries were caused by the property owner’s breach of care.
Examples of Negligence
This is a possible but extreme example. But, if a woman was assaulted in the parking lot of her apartment complex due to lax security measures, she might argue that the apartment complex’s management had a duty of care to provide security measures for her. These could include the following:
● Proper lighting
● Surveillance cameras
● Security guards
By failing to provide adequate security, the woman may file a negligence claim against the apartment complex seeking compensation for her sustained physical and emotional injuries. Another example of negligence could be a car in a parking lot being vandalized and robbed. Property security could have prevented that action, and surveillance cameras could have captured the perpetrator. If the area had been well illuminated, the thief may have been discouraged from committing the crime.
You Might Be Entitled to Compensation if You Sustained an Injury Because of Inadequate Security
If you have been harmed by inadequate security, you may wonder what damages you are entitled to. Here is a list of possible injuries you may seek:
● Medical expenses may include ambulance trips, hospitalization, rehabilitation, medical testing, follow-up visits, prescriptions, surgeries, and procedures.
● Lost income occurs due to an inadequate security accident if the individual cannot work because of their injuries.
● Pain and suffering compensation for the physical and emotional suffering the individual has sustained due to the injuries.
● Property damage is another damage a person may seek if their property is damaged and needs to be replaced or repaired.
● The court may award punitive damages when they decide the injuries resulted from negligence or willful misconduct. They stand to punish the defendant and discourage such behavior from occurring again.
Proving Damages Have Occurred
Recovering compensation for the harm you suffered means providing evidence of the extent of that harm and how it has impacted your life. To prove this, some of the following may be helpful:
● Medical records
● Witness testimony
● Expert witness opinions
● Photographs and video
● Documentation of expenses related to the injury
● Proof of losses related to the injury
Seeking Legal Counsel Following an Injury Resulting Because of Inadequate Security
If you or someone you care about has been injured by inadequate security, you should consider contacting an experienced personal injury attorney in your area. They will review your case and determine the damages you may be entitled to. The resources that they have available can help the court understand your situation so that they can award you accordingly