fbpx

Inadequate Security Injuries

Posted on November 17, 2020 in Premises Liability

inadequate security injuries

During the holidays, it’s more important than ever for folks to keep their guard up and senses aware. Crime happens every day, and unfortunately, it sometimes happens with more frequency as folks travel and find themselves in unfamiliar surroundings. It’s an unfortunate part of our society. No one can predict when and where crime will happen. However, property and business owners who invite you to shop in their stores and invite you to spend the evening or weekend in their hospitality suite have a duty to protect you against preventable criminal attacks. In my experience, most inadequate security cases involve circumstances where there’s evidence of a prior pattern of crime in, on, and/or around the business property, and the business owner fails to take reasonable steps to address and prevent the problem. Likewise, these cases most always involve serious injuries or even death. These are very specialized premises liability cases that must be handled by an experienced personal injury attorney who knows what to look for.

For example, inadequate security cases commonly involve physical attacks, assaults, rape, robberies, sexual assault, shootings, and other fatal crimes. The locations where inadequate security cases frequently happen include the following places where a criminal can hide in the shadows:

  • An apartment complex
  • An assisted living complex
  • Hotel premises and rooms
  • Motel premises and rooms
  • Office parks and campuses
  • Parking garages and decks
  • Parking lots
  • Shopping centers

Within these areas, inadequate security injuries are often the result of one or more of the following conditions:

  • Inadequate lighting
  • Failure to have enough security cameras
  • Failure to employ sufficient roaming security
  • Failure to prove a perimeter fence around the property
  • Failure to warn patrons and tenants of recurring criminal activity
  • Bad management

Commonly, insurance companies who defend property or business owners on inadequate security claims will shift the blame from the property/business owner to the criminal. This makes sense as it’s the criminal who actually caused the harm/assault.  But remember, a property/business owner has a legal duty and responsibility to reasonably protect you if it can be shown that the crime/attack could have reasonably been prevented. Unfortunately, if the insurance company is not able to shift the blame to the criminal, the insurance company will then try to directly or indirectly unfairly blame you for “allowing yourself to be injured.” This defense is the ultimate insult to injury. 

Do not be a victim twice! Sometimes in life bad things happen to good people. However, if those bad things could have been easily prevented by enforcing simple safety measures to better protect the invited public, then the property and business owner needs to be held responsible. Photographs and other evidence must be quickly preserved in order to prevail on claims of this nature. We can help!