Your Negligent Security FAQs, Answered
Negligent security is a legal concept that falls under the broader category of premises liability. It refers to a situation where a property owner or manager fails to provide adequate security measures to ensure the safety of individuals on their property, leading to harm or injury. This is most relevant in places where people might expect a certain level of security, such as shopping malls, hotels, parking lots, schools, and apartment complexes. Negligent security, as with many other legal definitions, can be nuanced and requires the assistance of an experienced negligent security attorney to provide support and guidance.
At The Law Offices of Kenneth G. Egan, we have been servicing the Las Cruces, New Mexico community in protecting victims against negligent security acts for years. Here, we are answering a few of your commonly asked questions to help you stay informed and understand whether you may seek compensation for a negligence security violation.
What is an Example of a Negligent Act?
Negligence is a fundamental concept in personal injury law, referring to a failure to take reasonable care to avoid causing injury or loss to another person. In the context of property management, a classic example of a negligent act could be a building owner who fails to install adequate lighting in a parking garage, despite known safety issues. This lack of action can lead to a higher risk of assaults or accidents, making the property owner potentially liable for any resulting harm.
How is a Person Determined to be Negligent?
Determining negligence involves evaluating whether the accused party breached a duty of care owed to the injured person. This process typically consists of a few key steps:
- Establishing the existence of a legal duty of care.
- Demonstrating that there was a breach of this duty.
- Proving that the breach directly caused the injury or harm.
For instance, if a landlord ignores repeated requests to fix a faulty security gate and a break-in occurs as a result, this could be deemed negligent.
What is Inadequate Security?
Inadequate security is a term often used in negligent security cases. It refers to the failure of a property owner or manager to provide sufficient security measures to protect individuals from foreseeable harm, especially in areas known for higher crime rates. Examples include a lack of surveillance cameras, inadequate lighting, broken locks, or insufficient security personnel. Such inadequacies can lead to preventable incidents like theft, assault, or worse, for which the property owner might be held liable.
What is Negligent Personal Injury?
Negligent personal injury occurs when an individual suffers harm due to another’s negligence. In the context of negligent security, this might involve an injury sustained in an attack on poorly secured premises. To claim negligent personal injury, the victim must prove that the property owner’s negligence directly led to their injury. This is not limited to physical harm but can also include psychological trauma.
Who Should Seek Legal Help for Suspected Negligent Security?
Legal help for negligent security should be sought by individuals who have been harmed or suffered losses due to inadequate security measures on a property. Here are specific scenarios where seeking legal help is advisable:
- Victims of Crimes on a Property: If you or a loved one were a victim of a crime (such as assault, robbery, sexual assault) on someone else’s property and you believe that inadequate security contributed to the incident, seeking legal help is important. This is particularly relevant if the crime was foreseeable, like if it occurred in an area known for similar incidents, or if previous incidents had occurred on the same property.
- Families of Victims: In cases where a crime results in severe injury or death, the family members of the victim can seek legal counsel. This is often seen in wrongful death lawsuits arising from incidents on properties with negligent security.
- Tenants and Residents: If you live in an apartment complex, gated community, or any residential area where security measures are expected but inadequately provided, and this has led to harm or loss, legal advice is appropriate.
- Business Owners and Employees: Employees or business owners who have suffered due to crimes in their workplace, particularly if the employer or property owner failed to provide adequate security, might also consider legal action.
- Customers and Clients: If you were visiting a commercial property like a shopping mall, hotel, or restaurant, and were victimized due to poor security, you might have a case for negligent security.
- Event Attendees: If an incident occurs at a public event or venue where organizers or property owners did not provide sufficient security measures, attendees who are harmed as a result can seek legal assistance.
It’s important to note that each case of negligent security is unique and requires a thorough examination of the circumstances. A lawyer specializing in personal injury or premises liability law can help determine if there is a valid claim, based on factors such as the foreseeability of the crime, the adequacy of the security measures in place, and the direct link between the lack of security and the harm suffered.
Finding a Negligent Security Lawyer near Las Cruces, New Mexico
Understanding negligent security and its implications is crucial for anyone who has suffered harm due to inadequate safety measures in public or private spaces. At The Law Offices of Kenneth G. Egan, our negligent security lawyer specializes in navigating these complex legal waters, offering experienced guidance and careful legal representation to ensure that your rights are protected and that you receive the compensation you deserve. Reach out today to request a free consultation or give us a call at (575) 523-2222. We are located at 1111 Lohman Avenue, Las Cruces, NM, 88001, and are proud to service the surrounding areas, including Doña Ana, Santo Tomas, La Mesa, Fort Selden, Radium Springs, and beyond.