What is Negligent Security and Do You Have a Legal Claim Against the Property Owner?
Have you ever seen broken locks on the doors, broken security cameras, or unoccupied security booths while walking through a mall or parking lot? Have you ever felt unsafe in a place where you should have been secured? If you have been injured on someone else’s property due to negligent security, you may have a legal claim against the property owner.
Our Las Vegas premises liability lawyers at H&P Law can help you understand what negligent security is and provide guidance on how to determine if you have a legal claim against the property owner for negligent security.
What is Negligent Security?
Negligent security refers to a property owner’s failure to provide adequate safety measures to protect someone who is legally allowed to be on their property. It can be any safety measure omission or failure to take reasonable safety precautions that cause harm to someone.
Under Nevada law, property owners have a legal obligation to ensure the safety and security of visitors, tenants, or customers by providing security measures that prevent criminal activities. Negligent security claims can arise from various premises, such as shopping malls, hotels, parking lots, office buildings, and apartments.
The only exception to the rule is when the injured party on the property is a trespasser. Under Nevada Revised Statutes § 41.515, property owners usually owe no duty to trespassers on their property, though there may be exceptions.
Examples of Negligent Security Measures
Several things can contribute to negligent security claims. Here are some common examples of security measures that can be considered negligent:
- Unlocked or malfunctioning doors, gates, and windows
- Inadequate lighting in parking lots and common areas
- Insufficient security cameras or faulty security cameras
- A lack of trained security personnel or inadequate security personnel
- Unsecured entrance points to a building or property
- Inadequate security measures during events
- Failure to respond adequately to reported criminal activities on the premises
If you were injured on someone else’s property due to negligent security, you need to know if you have a legal claim against the property owner to demand compensation.
How to Determine if You Have a Legal Claim Against the Property Owner for Negligent Security?
Several factors need to be considered to determine if you have a legal claim against a property owner for negligent security. If you have been injured due to criminal activities on someone else’s property, the following factors need to be established:
- Your right to be on the property
- The level of expectation of safety on the property
- The property owner’s awareness of previous criminal activities on the premises
- The adequacy of the security measures or lack thereof
- The foreseeability and preventability of the incident in which you got hurt
- Whether the property owner acted reasonably to prevent criminal activity
These and other factors need to be considered to determine whether or not you can sue the property owner for your injuries caused by negligent security measures.
Foreseeability and Preventability
Foreseeability and preventability are critical elements in determining negligent security claims. Foreseeability means that the property owner could have reasonably anticipated the likelihood of criminal activities on their property based on previous criminal events or the surrounding area’s crime rate. Preventability means that the property owner had reasonable measures in place to prevent criminal activities but failed to implement them adequately. If the harm was foreseeable and preventable, the property owner can be held liable for negligent security.
Injured on Someone Else’s Property? Speak With a Lawyer
Property owners have a legal obligation to provide adequate security measures to ensure your safety on their property. If they fail to do so, they can be held liable for your injuries. You may have a legal claim against the property owner if you were injured due to negligent security measures on the property. Contact our lawyers at H&P Law to discuss the details of your case for further guidance. Call (702) 598-4529 to get a free, no-obligation consultation.