How to Prove Security Negligence After an Injury

Posted in: Serious Personal Injury | Feb 23,2023

Security negligence is a subset of premises liability wherein an individual sustains injury due to inadequate security measures. Often, security negligence cases involve a violent attack by a third party. Even though the property owner did not directly cause the victim’s injuries, they can still be held accountable for allowing the dangerous acts to occur at a location for which they are responsible.

What is negligent security?

There are a variety of circumstances and settings in which negligent or inadequate security is to blame, but the common theme in all instances is that lack of proper security creates an unsafe environment which can lead to dangerous conditions. 

Security negligence cases frequently involve an act of violence by a third party, such as an assault or gunshot. However, injuries resulting from a fall can also result from improper security and safety measures, such as inadequate lighting or an irresponsible lack of crowd control.

Injuries in these instances may include concussions, traumatic brain injuries, broken bones, lacerations, spinal cord or internal organ damage, and even death. 

What do I need to prove to win a security negligence case?

For a negligent security lawsuit to be successful, the plaintiff must prove that the property owner failed to provide adequate security measures at their residential or commercial property. As with any personal injury case, you will need to prove the following essential elements in order to win a security negligence case:

  • First, you must show that the defendant owed you a duty of care. Commercial and residential property owners must keep their premises safe for all lawful visitors, customers, or occupants. This duty of care includes providing sufficient security measures to mitigate the risk of any harm. 
  • You will then need to prove that the defendant violated that duty of care by allowing hazardous conditions or dangerous circumstances to occur to the point of potential harm.
  • You must also prove that your sustained physical injuries resulted from the defendant’s failure to secure their property.
  • Finally, you must show that you suffered economic damages or undue pain and suffering due to your injuries.  

Foreseeability in security negligence lawsuits

An essential element in proving many types of negligence is foreseeability. In order to win a negligent security case, you will need to prove that the property owner or landlord knew—or should have known—about the potential dangers and then, therefore, should have taken action to prevent future foreseeable harm. 

Property owners involved in security negligence cases can try to evade liability by claiming there was no way they could have foreseen the incident that led to an injury. As the defendant, they may claim the injuries were your fault or simply not foreseeable circumstances and will argue that they’re not responsible for failing to implement more robust security measures. 

An experienced attorney will be able to determine whether the security involved in your case was appropriate for the event and venue. For example, it is legally foreseeable that large crowds at a concert or sporting event could surge and become dangerous without proper crowd control measures or that a busy nightclub could experience alcohol-abetted fighting and other perilous behavior from overserved patrons. 

To prove the foreseeability of your situation, a negligent security lawyer may examine evidence of prior incidents of violent, dangerous, or criminal activity at the same location or within the nearby neighborhood. They may investigate whether the property owner addressed any concerns to improve security following previous incidents.

What is considered adequate security?

The appropriate level of adequate security measures will vary depending on the type of property or establishment in question, its purpose, general location, and a variety of other influencing factors on a case-by-case basis. Your legal representation should work to determine just what the appropriate level of security should look like for the property or event at which your injuries occurred. 

How can I prove security was negligent?

Proving negligent security and foreseeability can be challenging, intimidating, and overwhelming. That’s why a lawyer who is experienced and deeply familiar with complex negligence cases is essential.

Your security negligence attorney can work with local law enforcement and independent investigators to build a complete picture of the events leading to your injury. Your lawyer may collect evidence to prove your injuries were foreseeable or that the property owner was negligent in providing adequate security for their visitors, patrons, or staff.

Permissible evidence might include photos and video footage, prior area incident reports, eyewitness accounts, recent neighborhood crime statistics, or expert testimony regarding appropriate safety practices within a specific industry or commercial setting. 

Trust the Security Negligence Lawyers at Montross Miller

The best way to prove security negligence after an injury is to have the right legal team on your side. The premises liability attorneys at Montross Miller work with highly respected experts across public safety, healthcare, and more to construct a thorough case and provide compassionate guidance to you and your family throughout the process. Contact our team today for a complimentary and confidential legal review of your case’s circumstances.