Key Legal Elements of a Negligent Security Claim
Crime can happen anywhere, but certain settings and circumstances can, in fact, contribute to the crime happening. When a property owner or landlord fails to take proper safety measures, they may be held accountable for crimes occurring on their premises. This legal concept, known as “negligent security,” falls under premises liability.
Here are the legal elements to such a claim, courtesy of Justia:
- Property owners and tenants have a legal duty to take reasonable steps to protect visitors from crimes that could have been foreseeable—meaning crimes that were likely to happen based on past incidents. The idea behind negligent security lawsuits is that better security (such as proper lighting, security guards, or locks) could have prevented the crime or made it less likely to occur.
- Both business and residential property owners can be sued for negligent security, but their responsibilities vary. For example, colleges must provide security for students in dorms because students can’t secure the building themselves. Businesses in a mall may have a duty to protect customers from foreseeable crimes. Apartment tenants are responsible for their guests inside their own unit but may not be responsible for crimes that happen in shared areas like parking lots.
In pursuing such a claim, the victim must prove that:
- They were legally on the property (not trespassing)
- The owner failed to provide reasonable security
- They were injured because of a crime that was foreseeable
- The injury wouldn’t have happened if the owner had provided better security
- They suffered actual harm (meaning, it involved medical bills, lost wages, or pain and suffering)
Foreseeability is a key factor in these cases. Courts look at whether similar crimes happened at the location before and whether the property owner knew (or should have known) about them. Other factors courts consider include if police were called to the property in the past, whether past crimes were violent or just property-related (meaning theft), and how past crimes compare to the current incident.
What qualifies as “adequate security” depends on the situation, but common security measures include:
- Security patrols at busy times
- Good lighting in parking lots and entrances
- Working locks and security hardware
- Restricted access to duplicate keys in apartment buildings
If you were the victim of a crime a property where you believe negligent security contributed to the incident happening, please get in touch with a top Philadelphia lawyer for negligent security claims to discuss your legal options. Contact us to set a time to meet today.