The attorneys at the Brannon Law Firm handle personal injury cases, including those involving Negligent Security. If you have been injured as the result of wrongful conduct of a security officer and/or the failure to provide adequate security, you may be able to make a claim for the harms and losses you have suffered. It is in your benefit to seek out more information to determine if your injuries and damages were caused by Negligent Security. Information on what Negligent Security is and what it might mean for you can be found below. Additionally, the Dayton personal injury attorneys at the Brannon Law Firm invite you to contact us, either at 937-228-2306 or 1-800-VERDICT to learn whether you can make a claim for a Negligent Security.
What is Negligent Security?
Negligent Security is a term that encompasses a wide variety of situations were security was inadequate and/or where security personnel have failed in their duties. This category of liability is premised upon the general rule that a property owner, especially when property is open to the public for business purposes, has an obligation to keep people on their property safe. This is usually done through warnings, preventative measures and the implementation of safety practices. Safety practices include, but are not limited to providing security personnel and monitoring the premises. Negligence occurs when the property owner or security personnel responsible for the safety of people on the property fail to meet their responsibility to keep people reasonably safe and/or cause injury to people on the property.
It is important to understand that Negligent Security, while related in many aspects, is separate and distinct from premises liability. This is because premises liability focuses mainly upon the condition of the property itself, while Negligent Security focuses on the action or inaction of those tasked with making sure that the property remains safe. Most often, a duty to maintain a safe premises, by utilizing security measures, arises on property that is open for business purposes. Some examples of locations and premises where Negligent Security may occur are:
- Apartment Buildings
- Office Buildings
- Hotels and Motels
- Schools and Universities
- Malls and Shopping Centers
- Retail Stores
- Restaurants and Bars
- Movie Theaters
- Parking Lots and Garages
- Storage Facilities
- Theme Parks
- ATM Locations
- Gated Communities
Another difference between premises liability claims and those for negligent security is the mechanism of injury. Generally, it is the defect in the property itself that provides the basis of a claim for premises liability. However, in the context of Negligent Security, the harm or injury is usually caused by a person’s action or failure to act.
It is important to understand that Negligent Security involves a careful analysis of risks and dangers that the property owner knew or should have known existed on the property. This is because a property owner is not an insurer of safety for all persons who enter upon the property. Instead, a property owner owes a duty where he knew or should have known of dangers involving the safety of persons on the premises. When there are known or recognizable risks to the safety of persons on the property it is the duty of the owner to mitigate those risks. This may be done in a variety of ways including but not limited to:
- Hiring effective security contractors or staff
- Lighting, monitoring, and securing doors, windows, and stairwells
- Using security cameras or closed circuit TV to monitor the property
- Installing attended entry gates or security points
- Keeping doors, windows, and other access points locked
- Installing bright lights or flood lights to illuminate dangerous areas
However, if an owner and occupant are equally aware of the dangerous situation and/or the occupant voluntarily exposes himself to the hazard then the property owner may not be negligent.
For example, a criminal’s decision to commit a crime does not create a legal cause of action against anyone but the criminal. However, in circumstances where proper and reasonable security may have prevented a crime, there may be a cause of action against the property owner. Safety precautions such as proper locks in an apartment complex or extra flood lights in a dark parking lot may have prevented a crime from happening. Failing to install such safety precautions may be examples of Negligent Security. However, even where security is provided it may be inadequate for the known risks of harm and/or applied improperly such as a situation in which a security guard shoots a suspect who may have only been trespassing. Typically, each situation requires a factually sensitive analysis to determine if Negligent Security was the proximate cause of a person’s injuries.
Consequences of Negligent Security can be far ranging. They can be minor injuries such as lacerations or bruises, or more serious injuries such as displaced fractures, head injuries and even death. In the event you are injured as a result of Negligent Security you should seek medical attention as soon as possible. Additionally, although it is not always practicable, you or a friend should try and document the event by reporting it to a police officer and taking pictures with a cell phone camera. By reporting the event the dangerous situation can be addressed immediately to prevent injury to others.
Legal Significance of Negligent Security
If you have experienced an injury as the result of Negligent Security, you may be able to make a legal claim for the harms and losses you have suffered. In order to maintain a claim for Negligent Security it is important to show that the property owner knew or should have known of certain risks associated with the property. Generally speaking, a random crime or accident that no one could have predicted is not considered preventable. However, if there was reason to suspect that accidents or crime may occur, and the property owner failed to take the proper steps to help prevent accidents or crime from occurring, there may be a case for Negligent Security. It is the responsibility of property owners to ensure that they conduct themselves in the proper manner and that they take their responsibility for the safety of those who are on the property seriously. Safety mechanisms should be put in place to help prevent accidents and crime from happening and injuring others. Failure to do so may give rise to a claim for Negligent Security.
Seeking Legal Counsel and Guidance
The personal injury attorneys at the Brannon Law Firm have the skill and experience to discover whether your injuries or harm were caused by Negligent Security. Negligence in these instances is preventable. It is caused by the error, improper action, or lack of action by individuals or organizations tasked with security. It is important to hold those individuals or organizations to the proper security standards and to hold them accountable if they fail to meet those standards.The Brannon Law Firm can help hold those at fault accountable.
Additionally, the personal injuries suffered as the result of an accident may be difficult, physically, financially and emotionally. Medical treatment may be necessary, resulting in costly medical bills. Furthermore, as a result of your injuries, you may experience a multitude of issues, such as persistent pain, difficulty in performing everyday tasks, and a decrease in quality of life. These issues may even affect the lives of your loved ones as well. It is important to ensure you have the assistance and care that you deserve to live the best life possible. The Brannon Law Firm can help with that process.
At The Brannon law Firm, we have represented individuals who were unfortunate victims of Negligent Security. We have obtained favorable verdicts and settlements on behalf of clients. We invite you to contact us at 937-228-2306 or 1-800-VERDICT for a free consultation. The Brannon Law Firm is proud to serve clients in Dayton and throughout the State of Ohio.