In the social and commercial settings of a mall or the familiar pathways of an apartment complex, one rarely anticipates danger lurking around the corner. Yet, the unsettling truth is that such spaces, which people often assume are safe havens for shopping, running errands, or living, can become unexpected scenes for harm and trauma. Whether it’s a slip and fall, a violent attack, a shooting, or an act of negligence, the risk of injury, both physical and psychological, is prevalent. Despite this reality, many individuals find themselves believing that they lack legal recourse when it comes to seeking compensation for the harm inflicted upon them. Many individuals who have been victims of such a crime do not know how to handle these legal complexities, leaving victims to endure their suffering without knowing they can pursue compensation, especially when inadequate or negligent security is a factor. However, understanding one’s rights and options for pursuing legal recourse can serve as a beacon of hope. In cases where negligent or inadequate security plays a role in injuries sustained during an attack, crime, or injury, victims do have avenues for legal action.
What Is Negligent Security?
Negligent security is a legal concept that applies to premises liability law, specifically addressing civil recourse for crimes and violent acts occurring on a residential or commercial property. It pertains to instances where an individual who is permitted to be on the property, harmed by a third party’s actions, seeks to hold accountable the owner or tenant of the property where the injury occurred. These injuries can be caused by a range of criminal activities, including:
- Robbery
- Sexual assault
- Shootings
- Battery
- Slip and falls
- Other injuries due to negligent security
Inadequate security, a type of negligent security, occurs when a property, like an apartment complex, fails to implement adequate safety measures, such as surveillance cameras or security personnel. This means that the attack or injury could have been preventable. Commercial property owners have a responsibility to take appropriate steps to mitigate foreseeable risks and injuries. When they neglect this duty, victims may have the ability to pursue legal action by seeking compensation for their emotional and physical injuries.
Property Owners Have A Duty To Ensure The Safety Of Their Customers
Property owners in South Carolina bear an important responsibility to uphold the safety of their premises and customers, this includes various establishments such as:
- Apartments
- Hotels
- Nightclubs
- Retail businesses
- Amusement parks
- Shopping malls
- Office buildings
- Other commercial spaces
It’s mandatory for property owners to ensure that their properties are not only safe but also secure for all lawful visitors, to protect them from third-party crimes. This means that any individual who is legally permitted to be on the premises is entitled to having responsible securities put into place to protect their safety. However, trespassers are not afforded the same. This duty to provide security includes maintaining the premises, as well as providing protective measures to prevent foreseeable attacks or accidents that could put visitors in harm’s way.
Should a property owner fail to provide reasonable protective measures in place, resulting in injury due to inadequate or negligent security, individuals typically have the right to pursue a premises liability lawsuit. This includes the property being understaffed or lacking any security measures altogether, individuals may have grounds to pursue a premises liability lawsuit. Victims of crimes resulting from negligent security should seek guidance from experienced premises liability lawyers in Myrtle Beach, such as the ones provided at The Lovely Law Firm, to understand their rights and explore avenues for holding property owners accountable and receiving compensation for their injuries.
Examples Of Inadequate Or Negligent Security
Negligent or inadequate security can be portrayed in diverse contexts and manners, ranging from residential complexes to commercial establishments. It can include a spectrum of security deficiencies, ranging from understaffing to ineffective surveillance systems. These lapses in security measures can leave individuals vulnerable to a wide array of potential threats and harm. It’s important to recognize the common examples of negligent or inadequate security so that victims are aware of their ability to pursue compensation.
General Lack Of Security on Property
A stark example of negligent or inadequate security is evident in cases where property owners fail to address fundamental security measures, leaving residents or customers vulnerable to potential harm. For instance, an apartment complex where management neglects to maintain or install properly functioning locks, or security cameras on entrances is considered negligent security. Not providing functioning locks on doors, unauthorized individuals have easy access to the premises, and can cause harm to those within the property.
Another example of a lack of security is negligent or inadequate lighting in parking areas. Burnt-out light, or lack thereof, coupled with the absence of regular safety patrols creates shadowy, potentially dangerous zones where criminal activities can occur without being seen. This makes it easy for attacks on unsuspecting patrons easy and increases the danger they are placed in. Lack of basic security measures not only heightens the risk of theft and assault but also increases feelings of insecurity among residents, ultimately putting them in harm’s way, and jeopardizing their safety and well-being.
Lack Of Monitoring Or Screening Procedures
Another example of negligent or inadequate security is observed in premises liability cases where monitoring or screening measures are insufficient or improperly practiced. A good example is in a nightclub where patrons are not adequately screened for weapons upon entry, and there is a lack of vigilant security personnel positioned strategically throughout the property, such as bouncers at the entrance. This oversight in security measures leaves the establishment’s occupants vulnerable to potential violence or altercations, including shootings. Without proper security measures in place, individuals could enter with concealed weapons undetected. In such scenarios, the absence of proper screening protocol and understaffed security personnel heightens the risk of harm to patrons and staff alike, leaving the property owner liable for any injuries that occur.
Broken Security Cameras & Equipment
Negligent or inadequate security can take various forms, including broken security equipment. For instance, consider a scenario where a property owner installs surveillance cameras but fails to maintain them to make sure they are properly functioning at all times. More often than not, you will hear of management and property owners installing cameras to deter theft or crime, but they aren’t actually functioning. They do this in an effort to deter individuals from committing crimes, as they hope just the mere sight of the cameras will deter criminals. Even if the owner wasn’t aware of a malfunctioning camera, they can still be held liable for negligence, as their cameras should have been properly maintained and fully functioning.
Additionally, improperly maintained physical security measures, such as broken fences, non-operational gates, or consistently open entrances, can create opportunities for unauthorized individuals to gain access to a property and commit crimes. An all-too-familiar example is the apartment complex with a continuously open gate, which effectively negates its intended security function. A security gate that is open all the time provides an easy entry point for individuals who pose a threat. These oversights and refusals to maintain security measures can significantly increase the risk of criminal activity and therefore places residents, visitors, and customers in harm’s way.
How To Prove Inadequate Or Negligent Security In A Premises Liability Claim
To prove that there is a basis for compensation in a negligent security case, certain key elements must be proven. These key elements mirror the requirements of other premises liability and negligence claims, including:
- The Victim Was Owed A Duty Of Care – It must be demonstrated that the property owner owed a duty of care to the victim. This duty of care can be established referring to various legal sources, including legal statutes, regulations, corporate policies, or community standards. For instance, a hotel may have a security policy that mandates the locking of their front doors after a designated hour or restricting access to room keys. If these policies are broken or not adhered to correctly, the property owner could be held liable for negligent security.
- The Property Owner Breached Their Duty Of Care – It must be proven that the property owner breached their responsibility of duty by failing to uphold the required standard of care. This breach could include the failure to implement adequate security measures, such as understaffing their security personnel or not maintaining or installing electronic security systems.
- The Breach Of Duty Of Care Directly Resulted In Injury – It must be shown that the property owner’s breach of duty directly resulted in the victim’s injury. Even with evidence that proves the property owner did not adhere to their duty of care, it’s crucial to establish a causal link between the property owner’s negligence and the harm suffered by the victim. A pivotal aspect of negligent security cases in Myrtle Beach involves assessing whether the property owner could foresee the threat of criminal actions. For instance, incidents of violence are recurring in certain areas, such as attacks in apartment complexes or assaults and robberies in poorly illuminated parking garages, may indicate a foreseeable risk that property owners or managers failed to address adequately.
Evaluating whether property owners took reasonable measures to secure the premises, and owned their customers or visitors a proper duty of care, such as maintaining functional security lights, repairing broken windows and doors, installing appropriate locks, and deploying security personnel as necessary, is an important aspect when determining liability in negligent security cases.
How The Lovely Law Firm Can Help
Pursuing a premises liability lawsuit is not only a way to seek justice, but also compensation for the harm endured. At The Lovely Law Firm, we understand the gravity of such situations, and the toll that these types of injuries and events can have on an individual. Our dedicated team collaborates closely with local authorities to thoroughly investigate inadequate or negligent security claims at apartments, retail stores, shopping malls, or amusement parks and advocate fiercely on behalf of victims. We’re committed to providing those who’ve suffered with the support and compensation they rightfully deserve for their physical and emotional injuries. Contact us today to learn more about how we can help you with your negligent security claim.
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