A very important element of property liability is the duty of the owner to provide a safe environment for their visitors not only through the physical elements of their property but also through securing the premises from any outside harm or danger. This is especially true for owners of business or apartment building managers. As administrators over those premises, they can be held liable if someone is harmed or injured on their property by a force that could have been avoided or stopped by adequate security measures. Negligent security can also cause harm if employees of the business were not properly screened or trained by the business proprietor.
Injuries due to security negligence are very serious and can include assault, rape and even murder. While all of these acts are done by a different perpetrator who is usually processed through a criminal trial, the owner of the property can also be held responsible if there was in adequate security equipment and personnel at the time of the incident. The responsibility of the owner depends on the foreseeability of the criminal act. If crime is a foreseeable possibility, the owner is required to secure his or her residents from that danger to the degree of foreseeability.
While many negligent security cases involve the lack of actual security equipment, many injuries are caused by a danger of harm inherent in the business because of a tainted employee or contractor. There have been numerous incidents which involved the misuse of employee privileges to abuse or harm the benefactors of the business. An example of this could be an apartment maintenance worker who used their access to the master key to break into a women's apartment and rape her. While that maintenance worker would ultimately be penalized by criminal measures for his actions, the owner of the building is also responsible for not properly screening his employees or making the master key too available.
Injuries due to negligent security can happen in night clubs, hotels, apartment buildings and any place of business where the landowner is also the business proprietor. Night club owners are responsible for providing security personnel required to prevent fights and brawls, landlords are expected to equip their property with enough security equipment to protect against danger of robbery, assault or murder and a hotel as the duty to prevent foreseeable crime through adequate security.
While landowners may be found liable for negligent security, many such cases can be difficult to win because proving the foreseeability of a crime can be challenging. Attorneys at The Law Offices of Gerald L. Marcus are trained to examine all of the facts of a case in order to build the best possible case on behalf of their clients. We believe that innocent injured victims deserve to be repaid for the pain caused by someone else's shortfalls. If you were present at a place of business that did not have adequate security and you were made victim to a violent crime, contact a San Fernando Valley personal injury attorney to discuss your situation and the options available for legal recourse.