Possessors of premises may have an obligation to provide adequate security to keep others from danger. According to the Security Industry Association, facility managers are increasingly responsible for protecting assets and personnel by purchasing and maintaining security solutions. When property owners don’t provide the proper level of security or neglect proper warnings about dangerous conditions, they may open themselves up to liability for negligent security under premises liability law.
Negligent security may lead to more instances of assault, abduction, robbery, and/or rape or other sexual assaults. Generally, everyone is entitled to the same standard of safety and security when visiting a store to buy its products or services, and Arizona premises liability laws reflect that.
When property owners or managers fail to provide citizens with an adequate standard of security and you suffer a personal injury as a consequence, you may be entitled to receive financial compensation for your damages.
Some things that may result in a negligent security claim after an accident or assault include:
- Insufficient security or untrained security guards
- Inadequate lighting
- A shortage of locks
- Lack of security cameras
- Absence of perimeter protection
- Property maintenance neglect
Common Negligent Security Cases
Negligent security cases result from a person sustaining an injury on commercial or public property due to inadequate security. There are three classifications of people who are on another’s property.
- Invitee – a person invited to enter for business purposes of the possessor or as a member of the public for a purpose for which the land is open to the public
- Licensee – a person present for his own pleasure or convenience with the consent of the possessor of land
- Trespasser – a person present without a privilege to do so created by the possessor or otherwise
Common examples of inadequate security that may lead to personal injury include:
- Dim lighting
- Security guard incompetence
- Lack of key control in private apartments
- Flaws in security design and/or cameras
Apartment Complexes and Negligent Security Cases
Apartment owners and their managers are required under law to maintain adequate security for their tenants. Examples of negligence, which may lead to personal injury, include:
- Failure to exercise a standard of care in an attempt to keep premises safe, which can include signs warning of danger, quality lighting in public areas, key control and installation of new locks, and conducting thorough background checks on employees
- Failure to notify tenants of a recent crime in the apartment complex
- Failure to act upon knowledge of dangerous criminals in the apartment’s vicinity
Commercial Establishments
Owners of commercial establishments, such as restaurants and shopping centers, are expected to provide consumers with adequate security measures to ensure their safety. If owners were informed of potential dangers and failed to respond, then patrons that suffer a personal injury may be entitled to financial compensation for their damages.
Who would be considered a victim of negligent security?
In Arizona, in order for you to win a negligent security lawsuit, your attorney must prove that the possessor of the premises, such as a business, where the assault occurred failed to protect its visitors and clients. Negligent security has often been shown in cases where someone has been raped, assaulted, stabbed, shot, or has incurred other serious injury or death.
Recoverable Damages Due to Negligent Security
If you have suffered a personal injury due to negligent security in an apartment complex or commercial establishment, you may be entitled to receive compensation for:
- Mental trauma
- Medical expenses
- Diminished earning capacity
- Loss of wages
- Pain and suffering
- Loss of companionship, if wrongful death or serious injury occurred
Contact Attorney Jerrold Mayro
Every patron is entitled to adequate security when in a public or private establishment. At The Mayro Law Firm, Arizona premises liability attorney, Jerrold A. Mayro, is compassionate to your needs and demands. Using his keen eye for detail and ability to craft cases, he will fight for the maximum compensation you are entitled to.
If you or a loved one has suffered a personal injury due to negligent security in the Phoenix, Mesa, or Tucson, Arizona area, please contact Phoenix negligent security lawyer Jerrold A. Mayro today or call (602) 604-8400 to schedule a consultation.