blog home Premises Liability How To Know Whether You Have a Negligent Security Claim

How To Know Whether You Have a Negligent Security Claim

By Jason Bottlinger on January 11, 2024

In our daily lives, we may take our safety and security for granted. However, when security measures fail, it can result in serious consequences. Negligent security is a legal concept that comes into play in cases in which inadequate security on a property leads to an injury or loss of life.

Understanding negligent security is crucial for individuals who have suffered harm due to inadequate security. By recognizing the legal obligations of property owners, the potential issues that can arise, and the role of an Omaha negligent security attorney in pursuing a claim, individuals can take informed steps to seek justice and compensation for their injuries.

What Does Negligent Security Mean?

Negligent security refers to a situation where a property owner or manager fails to provide adequate security measures, leading to harm or injury to individuals on the premises. This harm may arise from criminal activities such as assault, robbery, or other foreseeable risks that could have been prevented with appropriate security measures.

Legal Obligations of Security Under Premises Liability

Property owners have a legal duty to maintain a safe environment for those on their premises. Under the premises liability framework, this duty includes implementing reasonable security measures to protect visitors from foreseeable harm. Failing to meet this duty can result in legal consequences if an injury occurs due to inadequate security.

Instances of Negligent Security

Negligent security can manifest in various ways. Understanding these types of security lapses is essential for individuals who may have experienced harm due to negligent security:

• Poorly lit areas: Negligent security can lead to poorly lit spaces, increasing the risk of criminal activities. Inadequate lighting compromises visibility, making it easier for perpetrators to go unnoticed and increasing the likelihood of accidents or criminal incidents.
• Malfunctioning surveillance systems: A critical aspect of security is surveillance. Malfunctioning or poorly maintained security cameras diminish the effectiveness of monitoring and may fail to capture crucial footage needed to identify and apprehend wrongdoers.
• Ineffective access control systems: Negligent security may result from ineffective access control measures. Failing to monitor and control entry points allows unauthorized individuals to access the premises, posing a threat to the safety of those on the property.
• Negligent hiring practices: When security personnel are inadequately trained or not properly screened during the hiring process, it can lead to security lapses. Unqualified or unreliable security personnel may be unable to respond effectively to incidents, compromising the overall safety of the property.
• Inadequate perimeter security: Failing to secure the perimeter of a property allows unauthorized access, increasing the likelihood of criminal activities. This can include insufficient fencing, broken gates, or gaps in security measures that make it easier for individuals to trespass.

How To Determine Liability

Determining liability in a negligent security claim involves assessing whether the property owner or manager breached their duty to provide reasonable security measures. Factors such as the foreseeability of the harm done, the history of criminal activities on the property, and the steps taken to address known risks are key in establishing liability and holding responsible parties accountable. Your personal injury attorney can conduct a thorough investigation of the accident in order to gather evidence that supports your claim.

How To Know if What Happened Constitutes Negligent Security

If you have experienced harm on another’s property due to a lack of adequate security, you may have a negligent security claim. Consider the circumstances surrounding the incident, such as whether the property owner was aware of previous security issues, the nature of the harm suffered, and whether reasonable security measures could have prevented it. Consulting with an experienced Omaha premises liability lawyer who specializes in negligent security cases is essential to assess the viability of your claim.

How Can an Omaha Inadequate Security Lawyer Help?

A lawyer specializing in negligent security claims can play a major role in helping you seek compensation for your injuries and other losses, such as missed time from work. They can evaluate the facts of your case, gather evidence, and navigate the legal process. Additionally, your attorney can negotiate with insurance companies on your behalf and represent you in court to ensure your rights are protected.

We’re Here for You After an Accident

If you believe your injuries were the result of negligent security at an apartment, business, hotel, or other property, don’t hesitate to contact Bottlinger Law L.L.C. Our Omaha legal team is standing by to discuss your case and explore your options. Your safety matters, and we are here to help you get justice.

Call us today at (402) 505-8234 to schedule a free consultation.