Inadequate Security Claim - What Do I Need to Prove?

Victims of locations with inadequate security usually need to demonstrate to the courtroom that the company or person did not affect appropriate security measures to prevent crime or injury. With the assistance of a lawyer, the plaintiff can ensure the judge or jury panel receives the necessary information to deliberate properly.

What Is Inadequate Security?

When a person is in a location where security is necessary, he or she may face injury or criminal activity if the security proves insufficient. Some methods employ a person to check and monitor certain locations. Other methods require cameras, lighting and motion sensors. However, inadequate security occurs through a lack of proper lighting, the camera malfunctioning or not actually in use or a security guard not checking the spots where trouble could occur. The more inadequate the security measures are, the greater harm that could occur to the individuals in the area. A claim is likely when the security is inadequate.

the Insufficient Security Methods Lead to Injury

With poor lighting in the areas where the person may go, he or she could suffer an injury with holes, debris on the ground or other issues such as running into objects. If there is the possibility of crime, cameras that do not support action or to capture the illegal activity can prove an inadequate measure of safety to the person. If no security guard is present at any point, the person can suffer injury from various hazards or from someone breaking into the area. If there is a need to have security measures in the location, the company or owner can face a claim for insufficient security protocols.

Why Security is Necessary

Many companies will use security measures to prevent injury or crimes from occurring on the premises. Security measures can take the form of lighting, security cameras, an employee or additional methods such as emergency phones, a person watching cameras constantly to check for problems and even electric fences. The protections are necessary to help anyone on the property to avoid an attack or to avoid crimes occurring without a record of the activity for local law enforcement to investigate. If providing inadequate security, the company can suffer penalties through a lawsuit with an injured party.

Criminal Activity on the Premises

When negligent security exists, it could fail to prevent issues with criminal activity. If the criminal element can harm a person, this could lead to a personal injury claim against the company even if the actions of the person committing the illegal activity is directly responsible for the physical harm. The civil matter usually includes premises liability for the negligence in keeping up security measures to help prevent the crimes occurring. Many of these illegal activities will include robbery, physical or sexual assault, battery or theft crimes that escalate. The culprit may face both criminal and civil justice.

Proof of the Claim

For the injured party to have any chance of success in pursuing compensation for the damage caused, he or she will need to demonstrate to the courtroom that security measures in place were inadequate. Even when the physical injuries do connect to what happened on the premises, the plaintiff will need to support the event with other evidence such as defective products, low lighting or a lack of a security guard. Any special measures that are in place are usually in addition to the standard security that is important to deter, prevent or assist in stopping criminal activity.

Negligence is one aspect of these cases where the owner or manager does not provide the necessary security protections to help prevent crimes. When this person knows there is inadequate security, he or she may lose the case. The judge or jury will consider the factors of what a reasonable person would do in the same situation and how the lax security protocols lead to the injuries. This could support the plaintiff’s claim and increase the chances of a successful outcome. The lawyer hired for the claim will need to argue the
case with a valid and strong presentation of the case.

Inadequate Security Claims Legal Support

When facing the claim, the victim of the injury will need a lawyer to present the case and argue the matter either before a courtroom or when entering negotiations for a possible settlement with the defending party. The stronger the case is, the more likely the other party will decide to settle the matter outside the courtroom peacefully.

Provided by

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

Find a Lawyer