Although negligent security litigation falls within the general category of premises liability litigation, the particular issues relating to negligent security cases place this type of case into a unique setting.
Usually, these types of cases involve a circumstance in which a business owner fails in his or her responsibility to provide adequate security to its business invitees, which results in one of these invitees, a patron of the business, to fall prey to a predatory criminal. Often, the consequences of this failure of duty are catastrophic, with dire consequences for these victims of crime, ranging from serious bodily injury and even death, to significant mental and emotional damages.
Although a property owner is not an insurer of the safety of its patrons, the owner, or individual in possession or control of the premises, is obligated to take reasonable care to provide adequate security to prevent foreseeable crime on his or her property. The degree to which the landowner or possessor has provided adequate security to prevent such crime is usually a question of fact, once the criminal activity has become foreseeable.
Importantly, it is the area of negligent security litigation that provides, under certain circumstances, compensation for victims of crime from those who, other than the criminal himself, society has recognized as having a duty to protect its patrons, from whom the business may reap a profit, against the predatory practices of those criminals in our society who would seek to do us harm. The key considerations for a case based upon a theory of negligent security include the foreseeability of the harm suffered, the adequacy of the security provided, the preventability of the crime, and the location of the crime.
If you have a situation requiring legal representation for a negligent security claim, request a free case evaluation or contact Corless Barfield Trial Group, a Florida personal injury law firm, at 877-517-5595.