Property owners are required to provide safe premises for those that enter their property and, in certain situations, this may include the obligation to provide adequate security. If someone is injured during a crime that occurred because there was inadequate or negligent security, the property owner may be liable for any injuries sustained under a theory of premises liability.
Premises liability laws vary from state to state, but most states will apply a balance test to determine whether there were adequate security measures present at the time of incident. The court will weigh the likelihood of a crime occurring against the burden of taking certain security precautions.
Inadequate security can result in serious crimes, such as abductions, assaults, muggings, physical attacks, thefts, sexual assaults and stabbings.
Negligent security can occur in the following ways:
- Inadequate lighting
- Failure to secure entry doors
- Absence of security cameras
- Open gates or loading docks
- Absence of security guards or use of negligent security guards
- Failure to properly assess employees or visitors
Premises liability is a complex legal theory that requires that a plaintiff prove that:
- The property owner had a legal obligation to protect people from criminal activity on the property,
- The property owner either knew or should have known of the potential for harm,
- The property owner had a reasonable opportunity to take the appropriate and necessary safety precautions, and
- The owner failed to adequately protect people from harm.
Because of the complexity of the legal issues involved, you should consult with an attorney experienced handling inadequate security cases like the Chicago premises liability attorneys at Ankin Law Offices. If you have been the victim of a crime on someone else’s property, contact the Chicago premises liability attorneys at Ankin Law Offices as soon as possible so that we investigate the situation, preserve evidence and help you pursue your negligent security claim.