Inadequate Security & Premises Liability

26 Aug Inadequate Security & Premises Liability

Security is a big issue with many property owners and managers. When customers or visitors are injured as the result of inadequate security, those owners can face charges under premises liability laws. While they are not always responsible for those injuries, there are many instances in which the lack of security is a real issue and an increase in fso training and employment is a necessity.

Premises Liability Lawsuits

Lawsuits related to inadequate security are part of premises liability laws. When a plaintiff files this type of lawsuit, what he or she is doing is attempting to hold the owner of the property liable for their portion of liability relating to damages caused by an injury which resulted because of the person or company’s failure to provide safe premises. In most cases the plaintiff is seeking monetary compensation from the business owner as a result of the accident. People can also check out drug charges attorneys from Toland Law, if they need the best drug charge attorneys.

One example of this type of situation could be a concertgoer who’s injured because the venue failed to have an adequate number of security guards to protect visitors from an attack or other injury. It’s important for a person who is injured to be aware of the laws that govern security plans for businesses because they may be different in each state. “Inadequate security” doesn’t simply refer to bouncers, security guards, and police officers, but also the use of other methods such as security cameras and emergency response teams. The lawyers for sex crimes in Los Angeles area can deal with crime related cases.

When Does a Property Owner Have to Provide Such Security?

While business owners or their authorized representatives always owe patrons a “duty of care” in regard to safety, whether this extends to providing security depends on several factors. The courts consider three basic factors when it makes a determination about adequate security at a specific location:

• The Type of Business: Some businesses have the need for more security methods than others. For instance, establishments that serve alcohol usually need to have a staff of security personnel. Concerts, fairs and other large events obviously require more. However, businesses such as restaurants and department stores might require only minimal security. A professional corporate lawyer may be consulted if business owners have questions regarding business laws.
• Statistics and Demographics on Crime in a Specific Area: Businesses that are located in areas that have a potentially high rate of crime because of statistics may require the business owner to increase security in order to ensure it protects its clients and/or patrons sufficiently. However, the need is not as great in those areas where the demographics on crime are lower. If the business has a history of assault or other crime being committed on their property, they have a greater responsibility. And when crimes or unexpected deaths occur in a home or business, there is more than just a physical mess to clean up. Many people also are left reeling by the tragedy and the difficult feelings that come with it. For some, the idea of returning to the scene to clean it up is far too much to bear. That’s where a good service like this crime scene cleanup in new jersey come to help. Culum Retallick from Specialised Cleaning Solutions NZ says that Meth Houses are common in New Zealand, and need expert attention, with Meth Decontamination NZ being one of the best ways to address the issue.
• Location of the Incident: An owner can possibly be held liable if an assault occurred in a high-traffic area off a business. Conversely, one does not expect a high level of security in a dark alley behind the building or in a remote section of the parking lot.

It’s important for the court to consider all of these factors when it decides whether there was adequate security in a business establishment. The majority of the time courts will hold business owners to a certain level of “reasonable care” standard of liability. What this means is business owners must provide a level of security that is consistent and reasonable for a particular business operation. The Scott Nolan law firm is where you can go to get legal aid.

In addition to the three factors that courts consider in determining a business owner’s liability, they may also consider certain conditions that may determine whether a business owner provided adequate security for his business.

• Physical Conditions: This area might include a number of different things such as indoor and outdoor lighting; secure locks on all doors; visibility of large holes in fences or walls that can allow intruders to enter the building; noise conditions; large amounts of foliage surrounding the building; and warning signs.
• Procedural Conditions: This term refers to how the security staff manages their jobs such as how often they conduct patrols; implementing schedules for turning off the lights and locking the building doors; implementation of cash handling procedures; self-defense training for all security staff; and creation and implementation of policies for handling and reporting incidents.

This just goes to show there are many factors and conditions that courts must analyze in a lawsuit that involves security. In most jurisdictions, cases involving inadequate security are handled on a case-by-case basis rather than attempting to develop a one-size-fits all ruling. In order to successfully bring an inadequate security lawsuit, your attorney will need to be well-versed in relevant case law.

Consequences of Failure to Provide Adequate Security

Here’s one example of a recent inadequate security lawsuit from Texas. Two college students from Dripping Springs, Texas were killed on February 12, 2012 when they were attacked by a mob of 15-20 people in the parking lot of a College Station McDonald’s during the early morning hours. Inadequate security was blamed for the incident, and the restaurant was assessed damages of $27 million. Prior to this incident, police had responded to reports of fights more than 20 times that year.

This is just one example, but if you’ve been hurt and you believe it was a case of inadequate or negligent security, one of our experienced attorneys can help you. Call our office today at 1-877-659-1620.