Inadequate Security Liability in Personal Injury Cases

As a Dallas-Fort Worth personal injury and wrongful death attoreny, I have been working to prtect the rights of my clients since 1991. Any time you suffer an injury, you usually have the legal right in the state of Texas to make a claim against the at-fault party's insurance policy, the sme as you would make a claim against your home insurance if there was a robbery. But what if you were injured, say, during a robbery which took place at the bank where you just happened to be cashing a check? Well, when
you’re on a business premises, the business owner has a responsibility to provide a reasonable measure of security. Under normal circumstances, business owners aren’t responsible for crime that occurs on their property. However, in the event that the business owners have provided inadequate security, they may be liable for injuries caused by crimes that occur on their properties.

Contact an experienced personal injury lawyer immediately to find out what your legal rights are in your personal situation. We offer free no obligation consultations, so call us toll free at 800-354-MARK (6275) or call us locally at 817-294-1900in fort Worth, or 214-327-8000 in Dallas.

What Constitutes Inadequate Security?

Inadequate security, or negligent security, is when a premises owner doesn’t provide a reasonable measure of security for the property. Security may include good lighting, security guards, effective locks and/or perimeter protection. If a business provides adequate security, people on the business property typically don’t have to worry about ‘what might happen.’ However, if a business provides inadequate security, anybody on the premises might be at an increased risk to be subjected to a crime that could result in injury or losses.

How to Establish Inadequate Security
It may take the skills of a trained investigator to establish that a property has inadequate or negligent security. One of the only ways to prove that a property has employed inadequate security is to prove that a pattern of crime has occurred on or around the business property. If this crime could be ameliorated by improved security, then the premises owner may be liable for any injuries or damages that occur as a result of a crime that occurs on or around the property.

New laws in many places also look at whether a property owner could reasonably foresee potential injuries due to inadequate security. Even if prior crimes can’t be established, if it can be proven that security measures were measurably weak, it may be the responsibility of the property owner to ‘foresee’ the potential for a crime that could result in damages – an inadequate security property liability case.

Examples Of Inadequate Security

In inadequate security cases, you’re typically dealing with a crime perpetrated by a third-party. For example, if you’re staying in a motel that doesn’t provide adequate locks or reasonable security procedures, and someone breaks into your room and assaults or robs you, the property owner can be liable under the premise of inadequate security. You would still pursue the crime itself through the police, but you could also pursue a civil liability case against the property owner under the premise of inadequate security.

Inadequate Security Cases Include:

  • Injuries or damages sustained in a hotel with inadequate security;
  • Injuries or damages caused by a property manager’s inadequate security, such as windows that won’t lock or other negligence-related issues;
  • Injuries or damages sustained in an area known for a high crime rate, which lacked adequate security – such as an emergency room parking lot.

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Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas