Though many may not be aware, every property owner has a duty to tenants, visitors, and customers to keep their properties safe and secure. When someone is injured as a result of their failure to keep the environment safe and secure for use, property owners can be found liable under premises liability law.
The types of properties that are obligated to be maintained in safe and secure states include:
Negligent and inadequate security occurs when an owner or third-party security personnel does not provide adequate security and reasonable care for the safety of the users of the property, whether they be tenants, shoppers, students or proprietors of the property. This may range from inadequate lighting or surveillance in a mall parking lot to security guards who fail to perform their duties properly.
Personal injury claims based on negligent and inadequate security can cover a wide range of negligent actions on the part of the property owner. Some examples include:
Though most negligent or inadequate security claims are born from inaction (i.e. a property owner’s failure to install sufficient security, a bouncer’s failure to step in during a fight, or the failure to properly train and supervise staff) there are cases where direct actions such as assaults by security personnel or bouncers can be the cause of a premises liability and personal injury lawsuit.
Assaults by security personnel can be a major premises liability issue when they result in serious injuries at bars, casinos or nightclubs. It is important to remember that although security personnel is allowed to use a certain amount of force when dealing with unruly, unwanted or belligerent guests, the amount of force must be reasonable and appropriate to the situation.
Depending on the situation, owners and possessors of property have clear responsibilities to the people who lawfully (and sometimes unlawfully) enter their property. These responsibilities include:
The history of the property can be a significant factor in proving negligent and inadequate security. Properties with a high crime rate or in high crime rate areas obligate the owner or possessor to increase security measures. For example, if a property has several assaults or robberies, the landlord has a duty to install security cameras, assure that there is proper lighting or hire additional security personnel to keep tenants or clients safe.
If you or someone you know has been injured or assaulted due to poor or lax security it is recommended to contact an experienced premises liability attorney as soon as possible.
Have you recently been injured because of premises liability injury? At The Law Office of Cohen & Riechelson, attorneys have experience dealing with premises liability cases, like the ones mentioned above. Our bold and strong-minded attorneys will do their best until your case has been efficiently advocated and negotiated.
Let us ally by your side to handle your case. Check our online form or through our Bensalem offices by calling (215) 337-4915 to speak to a member of our legal team in a free and confidential consultation regarding your premises liability accident and your potential personal injury claim.
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