Failure Of Security Is A Form Of Negligence
Mark A. Steinberg
Premises Liability
When people see security cameras in a store, or sign in with a security guard at the reception desk, or even walk through a metal detector in certain buildings, all of these measures are for safety. Security is first about trying to deter crime by making criminals think twice about even trying something. Secondly, Security is there to help an investigation by presenting admissible evidence that can be used to investigate and prosecute suspects.But did you know that when Security fails you, this is something that the property can be held accountable for? Security is, after all, supposed to be a feature that makes you safer. If it fails you in the same way a dark stairwell does, this is premises liability.
What Is Premises Liability?
Premises liability is the legal concept of a property owner taking responsibility for the things that happen on that property. Whether it is a homeowner or a business owner, there is always a primary responsibility that property owners have known as "duty of care." This means the owner must take reasonable precautions to ensure that people on the property have a safe experience.
For example, in a home, crooked stairs that cause most people to stumble and fall must be repaired and leveled. A second-floor barrier that breaks apart in a shopping mall and allows people to fall to the first floor must be repaired.
If a property owner sees a risk of injury that can be prevented and does nothing to address it, that is premises liability. Suppose that risk is ignored due to not wanting to spend money or time. In that case, that is premises liability due to negligence, which applies to security.
Security Guards Are Accountable
Security negligence means that systems of security designed to keep people safe have failed in their primary function. For security guards, this means failing to act when they could and should have. For example, if a security guard is present in a security room, and someone is robbed or assaulted on the property. If the security guard either refuses to act or is unaware of the crime, that is negligence.
This is especially true of Security failed to act due to carelessness, such as ignoring security monitors in favor of looking at a phone or failing to keep up a patrol route.
Cameras & Alarms Count Too
It's not just human agency that can be held accountable; security systems also fall into this area. Security cameras designed to deter crime or record criminal activity must be functional. Lights that illuminate a parking lot to prevent damage and theft must be maintained. The same is true of alarms designed to detect movement or report break-ins.
If these systems fail and a property owner chooses to ignore that failure and a crime results, property owners can be held accountable for premises liability.
If you've been the victim of negligent Security and were injured or victimized by a crime due to someone else's carelessness, we can help. Contact our premises liability lawyers to get on track for pursuing the compensation you're owed.