Negligent Security Claims

Establishments such as bars, restaurants, shopping centers, hotels, banks, apartment buildings and gas stations generally have a duty to implement proper and adequate security measures to prevent foreseeable crimes.  Such establishments typically have liability insurance, and depending on the facts, the insurer may have a duty to tender applicable policy proceeds to someone injured at the establishment.  This can include injuries sustained from a physical attack at the establishment.

Negligent security arises when a property owner or business fails to implement reasonable security measures, resulting in harm or injury caused by criminal activities on their premises. These cases typically fall under premises liability law. To establish a successful claim of negligent security, the following must be demonstrated: duty, breach of duty, causation, and damages.‍

Duty of Care:  Property owners and businesses have a responsibility to take into account foreseeable risks and provide a safe environment. This involves implementing security measures appropriate to the level of risk.‍

Breach of Duty: Some examples of circumstances contributing to an unsafe environment rising to the level of a breach of the duty of care can include inadequate lighting, malfunctioning locks, absence of security personnel, or other.

Causation: Causation is the connection or link between the inadequate security measures and the harm suffered. It is crucial to demonstrate that the breach of duty directly led to the incident and subsequent injuries.

Damages: Damages can include medical expenses, lost wages, emotional distress, pain, and suffering, for example.

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