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Blog When Poor Security Leads to Premises Liability

When Poor Security Leads to Premises Liability

January 27, 2023
By Kevin Farrell
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Negligence of security measures can be a factor in premises liability cases, and it’s important to recognize when inadequate security may be an issue. In order for an owner or occupier of property to be found negligent in their security practices, four elements must be present: (1) the defendant had a duty to provide reasonable security; (2) the defendant breached that duty; (3) the breach proximately caused injury to the plaintiff; and (4) actual damages resulted from the injury.

Factors of Reasonable Security Measures

In terms of what constitutes “reasonable” security, courts will consider various factors such as geographic area characteristics, past crimes on site, known criminal activity in surrounding areas, building design characteristics, and any other relevant information that could have suggested to the property owner or occupier that security measures were necessary. If it can be demonstrated that the defendant failed to take reasonable precautions against foreseeable dangers, then they may be found negligent in a premises liability case.

It’s also important to note that negligence of security practices is not limited to physical aspects of a building or property; it could include a lack of employee education and training on safety protocols, as well as failure to properly enforce existing safety policies. For example, if an employer fails to provide adequate security training for their employees and this leads to injury or criminal activity on the premises, then they may be liable for negligent security practices.

Overall, it’s clear that inadequate security measures can lead to premises liability cases and subsequent legal action. By understanding the elements necessary to demonstrate the negligence of security practices, as well as what constitutes reasonable security measures, you can better understand when you may have a viable premises liability case.

We’re Here to Help the Injured

If you’ve suffered negligent security injuries as a result of poor or insufficient protection from property owners, you may be eligible for compensation to help cover your losses. Don’t delay—reach out to our skilled team right away with any questions you may have.

Contact Christie Bell & Marshall today with the details of your case by calling 317-488-5500 or filling out our online contact form to learn more about how we can help.

Call 317-488-5500 or complete a Free Case Evaluation form

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    Lee Christie is a partner with Christie Bell & Marshall and a lifelong Indiana resident. He has trial experience in both federal and state court and is a frequent lecturer on personal injury.

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