What is security negligence?
Security negligence is related to an area of the law known as premises liability. These types of cases center on a property owner’s failure to provide adequate security measures. Five points must be investigated in these types of cases. They involve establishing that:
• a legal duty was owed by the owner or leaseholder to take certain care of people coming upon the property;
• either a crime of an assaultive nature or a danger on the land or premises that could have the potential of causing harm was forseeable in the eyes of a reasonable man;
• failure to provide a reasonable level of security needed to counter any crime of an assaultive nature or danger was not provided by the land owner and/or lessee;
• the failure on the part of the land owner and/or lessee was a proximate cause for the damage suffered in the claim;
• actual damages were suffered as this breach of duty.
People protected under security negligence laws include someone who enters public land as a member of the general population, or as a visitor for a direct or indirect business dealing with the property owner. These laws also protect someone who is on another’s property as a social guest. Security negligence and premises liability laws don’t apply to trespassers, who enter upon a property without the implied or express consent of the owner.
What can I do?
If you feel you have a claim, our attorneys would like to talk to you. You may be entitled to compensation. Contact us today for a free, no-obligation legal consultation.