Business owners are required to provide a safe environment for their customers, usually under state laws regarding adequate security. These laws pertain to premise liability and are complex. If a person is injured or harmed due to inadequate security at a place of business, the business owner may be financially liable if the victim files an inadequate security premise liability case.
Examples Of Inadequate Security At Public Facilities
Each state may have different laws defining adequate security. However, there are certain safety precautions accepted as the business owner’s responsibility. These laws can leave much to interpretation, which is why these cases can be so complex. Some examples of possible inadequate security are:
- Poor lighting in stairways or parking lots
- Lack of security cameras in restricted areas
- Broken locks or security code access devices
- Insufficient security staff
- Medical facilities including nursing homes and hospitals not screening visitors
- Retaining staff members with violent backgrounds
- Slow or no response to needs for assistance
The basic idea is that businesses must use reasonable care to protect their patrons from harm. The level of security expected depends on the type of business, its location and where on the premises that the injury happened. Some examples of injuries due to inadequate security are:
- A criminal enters a hotel room due to the security lock not functioning and assaults the person staying in the room.
- Another patron injures a person at a nightclub, and the business staff does not react quickly to stop the violence or aid the injured person.
- A woman is sexually assaulted at an apartment complex due to poor security to keep out intruders.
- Money stolen from a casino patron in the parking lot
Building An Inadequate Security Case Against a Business Owner When A Crime Occurs On The Premises
Evidence will be required to prove a premises liability case if someone is injured due to a lack of security. Just because a person is injured while at a place of business does not automatically mean that the business owner is or will be found by a court to be at fault. The plaintiff must prove that it's reasonable to expect that the business owner should have prevented the injury through improved security. Some elements that may need to be established in premises liability cases are:
- Foreseeability. Was the injury foreseeable by the business, thus preventable?
- Previous issues. Has the same kind of issue occurred before yet the business owner has not improved security to prevent it from happening again?
- Reasonable safety. Did the injury occur due to the business not providing security to ensure reasonable safety for its customers?
There are many gray areas in an inadequate security premise liability case that need to be proven by the plaintiff’s attorney. These cases often involve intense investigations and research to prove liability.Inadequate Security Lawyers in Chicago, IL
Resources for public safety and security provisions: