Negligent Security Claims: How to Prove Liability and Get Justice

If you dropped your car off at valet parking, and your car was left unlocked with the key in the ignition, you would likely blame the parking lot for failing to provide proper security if your car was stolen. And you would be correct.

The same is true if you suffer harm due to a lack of security at a public location. For example, if you are attacked at a nightclub because the location didn’t have proper security at the door, the club would be responsible for the injuries that you suffered.

But just because a business or individual is responsible for the harm you suffered due to negligent security doesn’t mean it will be easy to get compensation for your injuries. To succeed at a negligent security claim, you need the help of an experienced attorney that handles this type of case.

At Morgan & Morgan, we have attorneys located in every state in the country who have experience handling negligent security claims. If we take you on as a client, we will work tirelessly to ensure that you get full compensation for your claim. 

Contact us today to schedule a free case evaluation and learn more about your options if you’ve been injured.

Proving Negligent Security Claims

To prove a claim of negligent security, your lawyer will need to prove all of the following:

• You were legally on the premises
• Proper security measures had not been implemented at the location
• The criminal activity was reasonably foreseeable
• You were meaningfully harmed by that criminal activity

If your attorney can’t prove one of these elements, then you may not have grounds for pursuing compensation.

Legally on Premises

Typically, negligent security claims are made against premises that serve the public. Thus, it is usually fairly straightforward to prove that you were at the location legally. If you were at a location during normal business hours, and you weren’t explicitly told not to be on the grounds, you were there legally.

Additionally, employees can also make a negligent security claim against an employer. If you are an employee, you generally only need to show that you were at the premises because you were required to be there to perform your job. 

Thus, if you suffer an injury outside of normal business hours, you may still have a claim, as long as you can demonstrate that you were present at that time due to your work.

Lack of Proper Security

When you think of security, you probably think of guards, cameras, or alarms. And while these are all examples of security, they aren’t the only ways to protect people. The concept of security also covers things like:

• Proper lighting to prevent unlit areas at a location
• Notices that cash registers or employees have minimal cash in them
• Notices of alarms or cameras
• Dependable locks
• Employee training to identify threats
• Fencing

Property owners are required to provide adequate protection to patrons and employees. If an owner is aware of a credible threat of criminal activity, they need to take measures to prevent that behavior from occurring at their location.

Typically, to prove this element of a case, an attorney will identify reasonable security measures that others take that were not implemented at this location.

Foreseeable Criminal Activity

The most difficult element to prove is often foreseeable criminal activity because it requires your attorney to identify what the property owner should have known. Just because criminal activity occurs at a location, the property owner isn’t necessarily responsible unless they should have been aware that behavior was likely.

Some criminal activity is easy to predict. For example, if a store sells jewelry, predictably, someone may attempt to rob the store unless it has proper security. However, other behavior may be less clear-cut.

Your attorney will look at criminal activity information for the area and determine what type of activity was common. If, for example, the property owner ignored a number of incidents of stolen tires when securing their parking lot, then they failed to foresee likely criminal activity.

Meaningful Harm

The last element of negligent security claims is more simple to demonstrate. If you have been injured, you likely received medical attention for that injury. Your medical records, and possibly a statement from your doctor, should be more than enough to prove that you suffered meaningful harm from an incident.

Premises Liability vs. Negligent Security

Despite their similarities, premises liability claims and negligent security claims are distinctly different. The most prominent commonality between the two is that they are both grounds for a civil action that results from someone failing to perform their duty to protect others.

However, the key difference is that a premises liability case doesn’t involve the criminal activity of a third party. Instead, if you have a premises liability claim, this means that the property owner failed to ensure that the property was safe for you.

One common example happens in the winter in most northern states. Visitors often track snow into businesses, leaving slick areas near the entrance. If the business doesn’t take care of the water and make it safe for foot traffic, the business is responsible for any harm a visitor suffers if they slip and fall.

While at Morgan and Morgan, we handle both types of claims, it is critical to know the difference. Each type of claim requires different evidence, and making the wrong type of claim could extend the duration of your case by weeks or even months. Your attorney can determine which kind of claim is appropriate to make for your case.

What Happens During Negligent Security Claims?

Unfortunately, the first thing that happens when you have a negligent security claim is that you are harmed by criminal activity. This may often involve some kind of assault that results in you receiving medical attention.

As soon as you are able, it is essential to speak to an attorney from Morgan & Morgan. We can guide you through the legal process to ensure that your claim goes flawlessly.

Our attorneys will collect evidence that will prove the four elements of your case. Throughout the process, we will keep you informed so that you know how your case is progressing.

Once we have collected the evidence, we will approach the property owner and inform them of your claim. Typically, the property owner will have insurance that will cover the expenses they incurred from your claim. However, this doesn’t mean our work is done.

Insurance companies will often fight every step of a negligent security claim. This is why we diligently collect the evidence before making a claim. By providing incontrovertible evidence for your claim, we can prevent the insurance company from denying it.

During this process, we will also attempt to negotiate a fair settlement for your injuries. A fair settlement is one where you receive compensation for all medical bills and any other expenses that are directly attributable to the injuries you suffered. This includes any income you may have lost due to the injury.

If the insurance company refuses to provide a fair settlement, we are prepared to go to court to get you the money that you deserve. While a trial can extend the time it takes for you to receive compensation, it can also result in a higher compensation value.

Should I File a Negligent Security Claim Against My Employer?

Hopefully, if you suffer an injury due to the negligence of your employer, they will do the right thing and compensate you fully for that harm. If they refuse, though, you may need to make a claim against them.

You may be able to receive compensation for your claim If your attorney determines you have a solid case. To preserve your relationship with your employer, it’s best to pursue a claim only if friendly negotiation has failed. 

What Happens if I Am Fired After My Workplace Is Robbed?

If your employer releases you from employment after a robbery, your employer is still liable for any harm you suffered during the robbery if it failed to provide appropriate security.

What Are Common Examples of Harm Caused by Negligent Security?

Some common examples of negligent security cases are:

• Getting mugged while walking in a poorly lit parking lot
• Getting robbed at a poorly secured mini-mart
• Being assaulted at a bar or club that doesn’t carefully monitor drinking

These all represent cases where the attack probably could have been prevented if the owner of the property had implemented better security.

How Long Will I Need to Wait to Get Paid After a Negligent Security Claim?

In general, the time it takes for you to receive compensation depends on the details of your individual case. For example, if your case has to go to trial, it may take longer for you to receive payment. There is a limit to how long civil trials can take in some states, but those limits usually don’t include potential appeals.

Your attorney can give you an idea of what kind of timeline to expect.

If I Don’t Like the Settlement Offer, Can I Sue for a Negligent Security Claim?

Just because an insurance company offers you a settlement doesn’t mean you are obligated to accept the offer. Even if it is a fair offer, you have the right to file a lawsuit if you don’t like the terms.

When you receive an offer, your attorney will recommend whether you should accept it or not. With their in-depth understanding of the law, they will know best as to what constitutes a fair settlement.

Your attorney may suggest going to trial. If this is the case, then you can rest assured that the attorneys at Morgan and Morgan will fight zealously for you in court. We have an excellent record of success at trial.

If You’ve Suffered Due to Negligent Security, You Need a Good Attorney

When you enter a public place, either as a customer or as an employee, you expect to be safe from the harm caused by criminal activity. The premises owner has a duty to ensure your safety by providing proper security. If they have failed to perform that duty and you have suffered as a result, you deserve compensation.

You do not have to shoulder the burden of your injuries alone. Learn how you may be able to pursue compensation for your suffering by contacting the attorneys at Morgan & Morgan. 

Use the contact form on our website to schedule a free case evaluation today.