What Are Your Rights After an Incident Due to Inadequate Security?

By David Hammond
Partner

Property owners, businesses, and event organizers are required to make their properties reasonably safe environments for visitors, customers, and attendees. This could be accomplished by implementing adequate security measures to prevent foreseeable crimes and accidents. If a business or property owner fails to keep their property hazard-free, and someone is injured as a result, the victim may have a valid premises liability claim.

Common Examples of Inadequate Security

Inadequate security can take many forms, depending on the type of property and the foreseeable risks. Some common examples include:

  • Lack of proper lighting in parking lots, stairwells, or other common areas
  • Locks on doors and windows that don’t work
  • Insufficient or untrained security personnel
  • Failure to monitor security cameras or respond to suspicious activity
  • Lack of security protocols or emergency response plans
  • Lack of background checks on employees or contractors

These security lapses can lead to various incidents, such as assaults, robberies, kidnappings, or even someone’s death. When a property owner’s negligence contributes to such an incident, they may be held liable for the resulting damages.

Proving Liability in Inadequate Security Cases

Holding a property owner liable for an incident caused by inadequate security requires that the following elements be proved:

  • The property owner owed you a duty of care
  • The property owner failed to provide adequate security and breached that duty
  • Your injuries occurred because of the breach
  • You suffered losses as a result of your injuries

Proving these elements can be complex. You will need to gather evidence and conduct a thorough investigation of the incident. This may include:

  • Security camera footage
  • Witness statements
  • Police reports and crime statistics
  • Property maintenance records
  • Security policies and procedures
  • Expert testimony on industry standards and best practices

A seasoned attorney with experience in inadequate security cases can help you build a strong case and demonstrate how the property owner’s negligence contributed to your injuries.

Damages Available in Inadequate Security Cases

If you’ve been injured due to inadequate security, you could claim compensation for various types of losses, including:

  • Medical expenses, including future medical costs
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional distress and mental anguish
  • Disability or disfigurement
  • Loss of enjoyment of life

The circumstances of your incident will dictate which types of compensation you may be entitled to. An experienced attorney can determine the full value of your losses and fight for the compensation you need.

Protecting Your Rights After an Incident

If you’ve been injured due to inadequate security, acting right away is vital to protect your rights and preserve your claim. Some important steps to take include:

  • Get medical care immediately and follow all treatment recommendations
  • Advise the property owner, manager, or security personnel about the accident
  • File a police report, if applicable
  • Take photos or videos of the scene and your injuries, if possible
  • Gather contact information for any witnesses
  • Keep all medical records, bills, and receipts related to your injury
  • Hire a personal injury attorney as soon as possible

At Carden Dotzler Hammond, PLLC, we understand the challenges you may face after an incident caused by inadequate security. Our compassionate attorneys are here to guide you through the legal process, answer your questions, and fight for the compensation you deserve.

Don’t Wait to Seek Help

If you or a loved one has been harmed due to inadequate security in Syracuse or Central New York, don’t wait to seek legal help. Your chances of building the strongest possible case are better if you engage a skilled attorney right away. 

Here at Carden Dotzler Hammond, PLLC, we’ll give you a free initial consultations. We work on a contingency fee basis, so you don’t have to pay us any fees unless we recover compensation for you. Contact us today to schedule your consultation and learn more about your rights after an incident caused by inadequate security.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.