Although owning real estate can be a profitable and interesting investment, it also carries significant obligations like knowledge and management of real estate responsibility. For property owners, liability problems could have major financial and legal ramifications.
In such cases, a legal concept known as negligent security might apply. This concept holds property owners accountable if they fail to follow reasonable steps to keep people safe from crime on their property. Professionals from Quinn Law Group, LLC can also help with this.
This guide explores the essential elements of negligent security and how property owners might be held liable in premises liability claims. Property owners cannot always prevent every crime, even with reasonable security measures.
How a Negligent Security Lawsuit Works
Negligent security claims hinge on the idea that property or business owners are often more aware of security threats than customers or visitors. This makes sense: owners usually track incidents like theft or assault on their property and are familiar with neighborhood crime trends.
In recent years, premises security has evolved into a specialized field, with experts like criminologists, sociologists, and Certified Protection Professionals (CPPs) identifying reasonable security standards. There are recognized industry standards for security, including proper lighting, surveillance, and staffing levels, depending on the property type.
The Consequences of Negligent Security
The consequences of negligent security can be devastating and life-altering for victims. Here are some of the common effects when property owners fail to ensure adequate security:
- Physical Damages: Sufferers of negligent security incidents usually support severe physical damages from attacks or robberies. These injuries may lead to long-term or even permanent physical consequences.
- Emotional Trauma: Experiencing an assault or attack can result in significant emotional and psychological effects, including post-traumatic stress disorder (PTSD), anxiety, and depression. The mental health influence can last long after physical injuries heal.
- Financial Loss: Negligent security incidents often lead to high medical costs, lost wages, and property damage. Victims may also face ongoing therapy costs and other expenses directly related to the incident.
Legalized Rights of Victims in Negligent Security Lawsuits
Knowing your rights can be crucial in seeking compensation if you or someone you know has suffered harm due to negligent security. Here are key aspects to consider:
- Personal Injury Claims: Victims can apply personal injury claims against negligent property owners to recover damages such as medical costs, lost wages, discomfort and suffering, and more. This legal recourse seeks to compensate for the incident’s physical and emotional impact.
- Premises Liability Doctrine: Under premises liability, property owners may be held liable for injuries sustained on their property. This legal principle can apply to cases where security measures were lacking or inadequate, placing the victim at undue risk.
- Comparative Negligence: Many states, including Kentucky, operate under a comparative negligence standard. This means that if the injured party is partially at fault for the incident, they may still recover compensation. Still, the amount could be reduced based on their level of responsibility. For instance, if a court finds the victim 20% at fault, the total damages awarded would be reduced by that percentage.
When Landlord Negligence Puts You at Risk: Know Your Rights for Safety and Justice
Property landlords are responsible for taking appropriate steps to secure their premises and save visitors. Understanding the importance of responsible security measures, the potential consequences of negligent security, and the legal rights available to victims can help individuals make educated decisions about defending themselves and their loved ones from damage.
In an ideal world, property owners proactively address potential security concerns, safeguarding visitors and ensuring everyone feels safe. However, victims have legal options to pursue justice and compensation if negligent security leads to harm.
