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Rarely are business owners liable for criminal or violent activities that take place on their property. However, as mandated by Pennsylvania and New Jersey law, owners have an obligation to provide reasonable safety precautions and procedures for their patrons and guests. If you’ve been the victim of a violent crime on someone else’s property as a result of inadequate security, you need experienced legal representation to help you fight this complex case. J. Fine Law has a team of personal injury and negligent security lawyers with over 25 years of successful trial experience in such cases. We are committed to the rights of victims who’ve suffered injuries & damages and fight to get you the compensation you deserve. For a free & confidential negligent security lawsuit consultation, call our law firm at 1-800-HURT-123. J. Fine Law has three office locations to serve clients in Philadelphia PA, Feasterville PA and Cherry Hill NJ.
What is Negligent Security?
Negligent security, also known as inadequate security, falls under the umbrella of premises liability. Under this law, property owners are required to maintain a safe & secure premise. They are also mandated to take preventative measures against foreseeable hazards before they become a danger to patrons. These types of cases are very complex and take a team of dedicated personal injury lawyers willing to put in the time and resources to win your case and award you the compensation you deserve. At J. Fine Law, it is our job as negligent security attorneys to pinpoint the liable party, which can include several possibilities such as property owners, third-party security staff, event organizers, and more. Once the responsible party has been determined, our lawyers will fight for eligible compensation including medical expenses, lost earnings, emotional trauma, and even wrongful death.
Examples & Common Causes of Negligent Security
Negligent security and premises liability include both non-violent and crimes. Common examples of a negligent security suit include innocent bystanders injured in a bar fight, a shooting outside of a restaurant, sexual assault at an apartment complex, theft crimes, and many more. These heinous crimes occur when a property owner fails to have proper security in place or by not taking preventative actions. Negligent security usually happens as a result of:
- Broken or malfunctioning equipment including lights, locks, alarm systems, and gates. A property owner is responsible for the inspection and maintenance of all security equipment.
- Failure to take precautions against future incidents after a criminal complaint has taken place on the property.
- Lack of security including poor lighting, and no alarm system or locks, which could have prevented criminals from acting violently on the property.
- Improper training of security that was hired to keep patrons safe during an event.
How a personal injury lawyer can help a victim of an attack?
Working with a personal injury lawyer after an attack is a great way to protect yourself from liability while pursuing compensation. A personal injury lawyer can help by providing:
Case evaluation: The lawyer will evaluate the facts and circumstances surrounding the incident. They will assess the property owner’s duty of care, whether they breached that duty, and if the breach directly caused the injuries or damages suffered by the individual. This evaluation helps determine the strength of the case and potential legal strategies.
Gathering evidence: A lawyer will gather and preserve crucial evidence to support the claim. This may involve obtaining surveillance footage, witness statements, police reports, incident records, and any other relevant documentation or physical evidence that demonstrates the property owner’s negligence.
Establishing liability: The lawyer will work to establish that the property owner has a duty to provide adequate security measures, such as proper lighting, security personnel, surveillance systems, or fencing, depending on the circumstances. They will demonstrate that the owner failed to meet this duty and that this negligence directly caused or contributed to the injuries or damages suffered.
Negotiating with insurance companies: If the negligent security claim involves insurance coverage, the lawyer can handle communication and negotiation with insurance companies on behalf of the injured party. Insurance companies often try to minimize payouts, and having a skilled lawyer advocating for your rights can help ensure fair compensation.
How Can You Prove a Negligent Security Claim?
Proving a negligent security claim is no small task—it requires thorough investigation and a strategic approach. To succeed, the following elements must be established:
- Duty of Care: You must show that the property owner, manager, or responsible party had a legal obligation to provide a reasonably safe environment for guests, tenants, or visitors.
- Breach of Duty: It’s necessary to demonstrate that this duty was breached—for example, by failing to repair broken locks, ignoring prior security incidents, skipping routine patrols, or overlooking poor lighting in parking lots.
- Causation: There must be a clear link between the lack of adequate security and the incident that caused your injuries. In other words, but for the owner’s negligence, the harm might not have occurred.
- Damages: Finally, you need proof of actual damages suffered—medical bills, lost wages, pain, and emotional distress are all commonly claimed.
Building a strong case often involves collecting ample documentation and expert testimony, such as:
- Surveillance footage or security camera recordings
- Eyewitness or bystander statements
- Police or incident reports
- Maintenance logs showing neglect of security equipment
- Testimony from security experts or law enforcement
Our experienced team at J. Fine Law is no stranger to working with investigators, expert witnesses, and forensic specialists. We work aggressively to connect the dots and present clear, compelling evidence, ensuring negligent property owners are held accountable.
Pursuing compensation: Personal injury lawyers are experienced in calculating the damages suffered by the victim, which may include medical expenses, lost wages, pain and suffering, emotional distress, and other related losses. They will work to pursue maximum compensation either through settlement negotiations or by litigating the case in court if necessary.
Court representation: If the case proceeds to court, the personal injury lawyer will provide legal representation and present a compelling argument on behalf of the injured party. They will utilize their courtroom experience and advocacy skills to seek a favorable verdict or settlement.
Remember, every case is unique, and outcomes can vary based on the specific facts and jurisdiction involved. Consulting with one of our personal injury lawyers will provide you with tailored advice and guidance based on your situation to ensure your rights are protected and your case is handled effectively.
Broken Security Cameras as Negligent Security
When security cameras on a property are not working properly, it creates a critical gap in monitoring and deterring criminal activity. A business owner’s responsibility includes ensuring all security measures, like surveillance systems, are fully operational. If cameras are broken or left unrepaired, it sends a signal to would-be criminals that the property is not being watched, increasing the likelihood of illegal behavior. In the event of an incident, malfunctioning cameras also mean there is no valuable footage to help identify suspects or support a victim’s claim. This lack of proper maintenance and oversight falls squarely under negligent security, exposing property owners to liability if someone is harmed as a result.
What Must Be Proven in a Negligent Security Case?
To succeed in a negligent security claim, your legal team must show a clear chain of responsibility. This typically involves proving several key points:
- Duty of Care: First, it must be established that the property owner or party responsible for the premises owed you a legal duty to keep the area reasonably safe.
- Breach of Duty: Next, evidence must demonstrate that this duty was neglected—such as by failing to fix broken locks, neglecting proper lighting, or ignoring prior incidents.
- Causation: It must then be shown that this lapse in security directly led to the incident and your injuries. In other words, had the proper precautions been in place, the harm could have been prevented.
- Damages: Finally, you’ll need to prove the actual damages you sustained—whether physical injuries, emotional trauma, financial losses, or all of the above.
A strong negligent security claim connects each of these points with real evidence, helping to establish not only fault, but your right to seek compensation for what you’ve suffered.
Steps to Filing a Negligent Security Claim
Filing a negligent security claim involves a series of steps designed to establish the property owner’s liability and pursue fair compensation. Here’s how you can get started:
1. Document the Incident:
Immediately after the event, gather as much evidence as possible. This includes taking photographs, collecting contact information for witnesses, keeping police reports, and saving any communication with property management. Be sure to document your injuries and medical treatment as well.
2. Notify the Property Owner or Manager:
It’s important to inform the responsible party of the incident as soon as you’re able. Providing written notification helps establish a timeline and shows that you took the situation seriously.
3. Seek Medical Attention:
Even if injuries seem minor, get a thorough medical evaluation. Medical records will be crucial evidence linking the incident to your injuries.
4. Consult a Personal Injury Lawyer:
Negligent security claims can be complicated. An experienced attorney can help you navigate legal requirements, determine if the owner failed in their duty of care, and chart the best strategy moving forward.
5. Gather Supporting Evidence:
Your lawyer will assist in securing surveillance footage, maintenance logs, prior incident reports, and other records that can prove lapses in security (such as broken lighting or understaffed premises).
6. File the Claim:
Once liability has been established with the available evidence, your attorney will formally submit the negligent security claim to the responsible parties and their insurers, seeking compensation for your injuries, losses, and damages.
7. Negotiate or Litigate:
After the claim is filed, the process may involve negotiation with the property owner’s insurance company. Many cases settle out of court, but your lawyer will be prepared to represent you at trial if a fair resolution isn’t reached.
Throughout these steps, having skilled legal guidance can make all the difference—ensuring you understand your rights, protect your interests, and pursue the compensation you deserve.
Free Personal Injury Attorney Consultation
If you have suffered loss or injury due to a criminal or violent act that could have been prevented, call the negligent security lawyers of J. Fine Law to review your case. When a property owner chooses to cut corners and not take reasonable measures to protect their customers, innocent people become the victims of negligent security. Our personal injury attorneys are here to aggressively fight your case to get you the compensation you deserve for your injuries, medical bills, lost wages, emotional trauma, and damages. Call (888) 913-3899, fill out the form on this website, or call 1-800-HURT-123 from the scene for a free and confidential consultation.
