New Mexico Negligent Security Attorneys

Understanding Negligent Security Claims and What Legal Options Victims May Have

If you’ve ever had to walk through a parking garage at night or asked for an escort to your car after a late-night event, you know how important security is in public spaces. When a property owner fails to take reasonable safety measures to prevent crime, and someone is injured due to a criminal act as a result, it could be grounds for a negligent security claim. These cases typically involve a foreseeable risk of criminal activity and the property owner failing to act to address that risk.

If you were the victim of violence or theft at a property that didn’t have adequate security measures, you may have grounds for a civil claim against the owner. Contact Kennedy Law Firm at (505) 588-5716 to find out how these cases work and what steps to take if you want to pursue a lawsuit.

What Is a Negligent Security Claim?

Negligent security claims fall under premises liability law. Property owners are required to provide adequate security measures to reduce the risk of criminal activity and injury to those on the property. This is most often an issue in retail and commercial settings, but it can also happen in multi-family housing or industrial sites.

Negligent security claims are based on the assumption that the property owner was aware, or should have been aware, of the potential for criminal activity and failed to take adequate measures. What qualifies as adequate measures varies depending on the type of property and potential criminal activity. But it could include everything from installing security cameras to increasing security staff.

What Are Some Examples of Places Where Negligent Security May Be an Issue?

Some of the most common examples of places where negligent security can be an issue include commercial and industrial environments. Shopping centers, malls, grocery stores, and other retail properties have the potential for criminal activity, such as car break-ins or robberies in the parking lot. Security issues, such as a lack of security guards or poor or broken lighting in the parking lot, can contribute to this risk.

Security can also be an issue at hotels and motels where multiple people are coming through the same establishment, often at varying times of the night. Property owners have the responsibility to take adequate steps to prevent unauthorized access to guests’ rooms and to prevent criminal activity in hallways or parking lots that could put guests at risk. For example, if a hotel were aware that the room’s locks didn’t always work and didn’t fix them, this could be an example of a foreseeable risk.

Negligent security claims don’t always have to involve violence. They can also involve victims of property crimes due to poor security at warehouses, construction sites, and other industrial properties. Victims of vehicle break-ins and equipment theft can suffer thousands of dollars in damages. By filing a negligent security claim against the property owner, these victims can seek the financial compensation they deserve.

How Do You Prove a Property Owner Was Negligent With Security Measures?

Negligent security lawsuits are premises liability claims, which means there are four main points to prove in these cases. The first is that the property owner had a duty of care to the victim. Property owners generally have a duty of care to those who are on their property for legitimate reasons, such as if a tenant lives there or a shopper is walking through the parking lot of a mall.

The second point of a premises liability claim is that the property owner breached the duty of care, and this is where things can get a little more complicated in negligent security cases. To establish a property owner’s breach of their duty of care, the plaintiff must prove two elements:

1. Knowledge of Risk: The owner either knew or reasonably should have known about the potential dangers.
2. Failure to Act: The owner failed to implement reasonable security measures that could have prevented the resulting crime.

To show that a property owner knew or should have known about potential crime in the area, you may be able to use evidence such as police reports or crime statistics showing similar incidents. If criminal activity had happened at the property before, this can be used as compelling evidence that the property owner was aware of the risks. A common strategy to demonstrate that the property owner failed to take reasonable measures is to contrast the security measures in place with what would have been reasonable given the crime risk.

The third and fourth points of a negligent security case focus more on the crime itself. The property owner’s negligence must have directly led to the incident, and the victim must have sustained damages as a result.

Why Should You File a Negligent Security Case?

Pursuing a premises liability claim for negligent security allows you to seek compensation for the damages you sustained as a result of the crime, such as medical expenses for injuries or property damage. It’s also a way to hold the property owner accountable for failing to provide adequate security and safe conditions. It may even encourage the property owner to improve security measures in the future, protecting others from similar crimes.

Do You Need an Albuquerque Negligent Security Lawyer?

Negligent security cases can involve several elements, and many victims aren’t even aware they can pursue a civil claim due to the property owner’s failure to provide adequate security. Working with an attorney ensures you understand your rights and have an experienced advocate on your side throughout the process.

When you meet with a negligent security lawyer, they will talk with you about your case and what happened to determine if it meets the legal standard for negligence. Once you’ve decided to pursue a claim, an attorney can start working on your behalf, collecting evidence, interviewing witnesses, and investigating to determine who may be liable for your damages.

Whether you’re hoping to settle out of court or the case goes forward for litigation, an attorney is there to speak on your behalf and handle all of the legal matters so that you can focus on getting back to your life and loved ones. If a crime was committed against you that proper security could have prevented, you may have a negligent security claim. Contact Kennedy Law Firm at (505) 588-5716 to discuss your case and find out if you are eligible to file.