Generally, negligent security claims involve allegations that injuries resulted from inadequate security measures taken on the property. In other words, the injuries would have been prevented had the owner provided sufficient safety precautions.
These measures can vary depending on the particular property, but some common examples of inadequate security measures include:
- Inadequate lighting: A venue may be held liable for crimes committed on its property if it did not provide proper lighting on the premises. Owners are responsible for providing adequate lighting in the interior of the building, as well as the exterior, including parking lots. Proper lighting can be vital in preventing criminal activity because it limits a criminal’s ability to hide in areas where victims cannot see them.
- Inadequate security measures: Security cameras, intercom systems, metal detectors, fences, gates, door locks, and call boxes are imperative in preventing crimes. A property owner has a duty to maintain and repair any defective or inoperable security measures. If a property owner is aware of faulty security measures and fails to repair them, they can be held liable for any resulting crimes.
- Security guards/patrol: When a venue, club, or bar owner knows the audience or clients can get rowdy, they must hire enough security to protect customers. Property owners may bear liability for crimes if security personnel were inattentive, unqualified, poorly trained, or slow to respond, and harm resulted.
- Suspicious activity: If the property owner has received reports of dangerous activity or threatening people on their property, they have a duty to take action. They must keep their customers safe by contacting the police in a timely matter and addressing the risk.
- Building codes: Property owners are responsible for adhering to specific occupancy codes, capacity limits, local ordinances, and fire codes. When crimes result from the property owner failing to do so, the property owner can be held liable for the resulting injuries.
- Dangerous employees: A property manager is responsible for performing adequate pre-employment screening checks. Employers should conduct criminal background checks and investigate employees’ previous employment history. If the property manager fails to screen prospective employees, they can be held liable for the crimes those employees commit on the property.
