Many attorneys handle cases where negligent security led to injuries. What does this mean, and what are some potential outcomes for victims? Below, our team at Ostroff Godshall Injury and Accident Lawyers explains the complexity of these premises liability claims.
What Constitutes Inadequate Security?
Inadequate or negligent security refers to the failure to implement reasonable measures that protect the public from foreseeable harm. Pennsylvania property owners have a responsibility to enact certain security measures that keep their premises and the people who use them safe. Failing to enhance the property’s security could be considered a breach of this duty of care and raise questions of property owner negligence.
Check out some examples of insufficient security and their potential consequences below:
- A lack of lighting: Someone could miss a step or trip over an unseen hazard.
- No security cameras or personnel: The premises could become a target for criminal activity such as assault and robbery.
- No response to prior incidents: If the business owner receives safety complaints but fails to address them, they could be liable for related incidents in the future.
- Broken locks: Faulty locks make a space vulnerable to break-ins, which could possibly endanger those who encounter a robber.
- Poor screening protocol: Businesses may require visitors to sign in or undergo security screening before entering. A lack of screening protocol could allow dangerous individuals to enter the building.
Negligent Security Can Lead to Criminal and Civil Court Cases
There are cases when negligent security caused injuries without any criminal activity. For example, if a tenant falls outside of their apartment building because the steps on the entryway aren’t well lit, they may be able to hold the building’s owner liable. In this instance, the tenant would only have to endure civil court proceedings.
Some victims see their case play out in both civil and criminal court. How exactly does this work? Consider the following scenario.
Imagine someone is leaving a convenience store at night. As they walk through the parking lot, which has no lights or security cameras, they encounter someone who assaults them. The police can conduct a criminal investigation and then hand over the case to prosecutors, who will hold the perpetrator accountable.
Additionally, the victim may file a civil lawsuit against the property owner if evidence suggests that negligent security practices contributed to the injuries. The owner may be found partially liable for the criminal assault and owe the victim compensatory damages.
Determining Negligence in Premises Liability Claims
People may become injured on commercial or public property, but that doesn’t always mean that negligent security is to blame.
For example, say a business has a front and back parking lot, but only one has working lights and security cameras. The business could block access to one parking area and post signs accordingly. If a customer disregards these measures and ends up injuring themself in the unlit parking lot, the business may not be deemed liable.
According to Pennsylvania’s comparative negligence rule, plaintiffs who are more than 50% at fault are ineligible to receive compensation. To determine whether negligent security led to the injuries in question, victims and their legal teams have to gather evidence, such as:
- Witness statements
- Photos of the accident site
- Available video footage
- Recent criminal reports in the area
- Building maintenance records
Consult Our Experienced Personal Injury Attorneys for Advice
If you believe negligent security caused injuries and are recovering from an accident, you may be able to file a lawsuit against a liable property owner. Reach out to Ostroff Godshall Injury and Accident Lawyers to discuss the details of your case and determine the next steps. Contact our firm online or call (484) 351-0350 to schedule a free case evaluation.
