Can I Bring a Premises Liability Claim for Inadequate Security?

 Posted on December 10, 2020 in Premises Liability

Property owners and possessors have a duty of care to keep their property reasonably safe for invited guests to the property. This includes properly maintaining the property, taking reasonable steps to remove environmental hazards, and providing adequate security. When a property owner or possessor fails to uphold his or her duty to maintain a safe property and someone is injured or killed as a result, a premises liability claim can help the injured person or surviving family members recover compensation. Although many people typically think of things like broken staircases or wet floors when they think about premises liability, inadequate security can also lead to a premises liability claim.

Insufficient Building Security Can Lead to Injuries

Understandably, property owners cannot be held responsible for acts of violence that are unforeseeable. However, when a person is injured in an attack and that attack could have been prevented through better security, the property owner may be considered negligent.

For example, imagine the following scenario: A hotel owner is notified that many of the locks on the hotel doors do not actually work. However, he ignores the problem and continues to rent the rooms with defective locks to hotel guests. A guest is sexually assaulted when an attacker easily gains entry into her hotel room. In this scenario, the owner who failed to maintain adequate security could be held liable for the woman’s damages.

A premises liability claim for negligent security can also include issues such as insufficient security guards, inadequate lighting, broken or insufficient security cameras, and other conditions that put guests in danger. Premises liability claims can be brought against owners or possessors of:

• Nursing homes
• Retail stores and shopping centers
• Apartment complexes
• Restaurants
• Nightclubs and bars
• Schools and universities
• Mass transit and public transit terminals
• Amusement parks
• Parking lots
• Any other property on which security could be an issue

Whether or not a property owner is legally responsible for someone’s injury can depend on a wide variety of factors. Many premises liability cases hinge upon the concept of foreseeability. If there were previous crimes that resulted in injury on the property, the property or owner should know that more stringent security measures are necessary. A judge presiding over a negligent security case may also consider how often police have been called to a property when determining if a property owner or possessor failed to uphold his or her duty of care.

Contact a Waukegan Negligent Security Lawyer

If you or a loved one were injured because a property owner failed to provide adequate security measures, you may be eligible for compensation. Contact a knowledgeable, compassionate Lake County premises liability attorney at Salvi & Maher, L.L.C. to learn about your legal options. Schedule a free, confidential consultation by calling our office at 847-662-3303 today.

Source:

https://courts.illinois.gov/court/CircuitCourt/CivilJuryInstructions/120.00.pdf