How Does Negligent Security Become a Personal Injury Lawsuit?
Legally Reviewed and Edited by: Terry Cochran
Whether it’s day or night, when we visit businesses or other properties, we expect a certain level of safety when doing so without excessive worry. But what happens when the place you visit doesn’t supply adequate security, and you suffer an injury as a result?
Business and property owners have a duty or responsibility to create a secure environment for customers and visitors. This may include installing various measures to keep you safe, particularly if violent crimes have already occurred in the area or on the premises.
If property owners overlook or neglect to fulfill these measures and you are injured, possibly because of an assault or robbery, you may have grounds for filing a personal injury lawsuit because of negligent security. Working with a negligent security attorney in such instances will be your best way to get a successful outcome and get the compensation you deserve.
What Does Negligent Security Mean?
Negligent security falls under premises liability. Premises liability law in Michigan holds property owners and potentially others responsible for someone’s personal injuries while on the property due to potentially harmful conditions.
Business and property owners have an obligation to take adequate steps to ensure a secure environment for all customers and visitors. When an injury happens on someone else’s property due to inadequate security measures, the property owner can be held responsible.
Places where negligent security injuries can occur:
- Office buildings
- Parking lots and garages
- Colleges and Universities, including dormitories
- Shopping malls
- Grocery stores
- Government offices and facilities
- Airports, train, subway, and bus stations
- Event venues, such as concert halls or theaters
What is Considered Negligent Security?
A business or property owner has a duty to protect visitors from third parties’ foreseeable crimes by providing efficient security measures. Some ways a property owner could be considered negligent include:
- Lack of or limited security personnel: Excluding or limiting security personnel is often a negligent security action. Even though a property owner may hire several security guards, they may not be well-trained. The scheduling of security guards and assigning various duties to them when on the clock can cause conflicts, leading to unmonitored security cameras during key times of the day or night.
- Absence of or defective security systems: Installation of security systems, including alarms, surveillance cameras, and locking mechanisms, falls on the property owner. Negligent security in this area may include broken or malfunctioning cameras and alarms. Occasionally a property owner installs cameras to appear security-minded but may not have them turned on or have someone to monitor them.
- Missing or inadequate signage and lighting: Poorly lit areas are a menace to safety. Insufficient lighting in common areas, elevators, stairwells, and parking lots or garages can spawn environments for criminal actions leading to personal injury. Property owners also need to provide warning signs of prior crimes and criminal activity in the area if that is the case.
- Unsafe perimeter features: Broken fences, unlocked gates, and missing locks on windows or doors can all lead to potential criminal acts resulting in personal injury to you or a loved one. Blocked emergency exits are another unsafe perimeter issue.
Does it Matter Whether Injury Occurs on Public or Private Property?
When an injury is suffered due to negligent security, it does not matter whether it is on public or private property.
Public properties, such as shopping malls, municipal parking garages, airports, and government buildings require a prompt reporting of any crime or injury to the authorities, usually before you can file a personal injury lawsuit.
If your injury occurs while on private property, you also may be able to file a negligent security-related personal injury lawsuit. While the laws here may differ slightly, working with a knowledgeable attorney will ensure you compile the necessary proof before proceeding with your negligent security claim.
Potential Injuries Associated with Negligent Security
Due to the variety of potential injuries possible when a property owner neglects security, including mass shootings, rape, and violent assaults, the type of associated injuries vary widely. These may include:
- Head trauma, including traumatic brain injuries
- Fractures and broken bones
- Internal injuries
- Gunshot or stab wounds
- Sexually transmitted diseases
- Lacerations and punctures
Whether your injury was major or minor, working with an experienced personal injury lawyer to establish and build your claim will be beneficial to your case.
How Can You Prove Negligent Security?
A successful claim of negligent security shows that your injury could have been prevented, or at the very least limited, had appropriate security measures been in place. In Michigan, you must also prove that the business or property owner was aware of previous crimes on the premises, making the violence a foreseeable and preventable occurrence.
Proving a property or business owner is negligent in installing appropriate security measures and being aware of previous violence on the property can involve in-depth research and presentation. For this reason, working with a negligent security lawyer with experience in personal injury law is the best way to ensure your case is successful.
On a personal level, you should seek medical treatment as early as possible because these reports provide key evidence in your negligent security case. Also, contact law enforcement so they can file a police report, collect evidence, and locate the criminal responsible for your injuries.
A negligent security lawyer can work closely with you on building your case and seek both economic and non-economic damages, including pain and suffering. You may also be able to file a personal injury lawsuit if such a crime and injury results in a death of a loved one.
Negligent security is unfortunately common. Businesses and property owners look for ways to reduce expenses, and security measures often are the first to be limited or eliminated. When a property owner fails to install these security measures, they can and should be held accountable.
Contact Your Michigan Personal Injury Attorneys
If you’ve been injured and believe that it involved negligent security measures, contact the skilled personal injury attorneys at Cochran, Kroll & Associates, P.C. in Michigan for a review of your case during a free consultation.
Call for legal advice today at 866-MICH-LAW. We honor the attorney-client relationship and will work tirelessly on your behalf to ensure you receive the justice and compensation you deserve.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.