Inadequate Security Lawsuits

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What Are Inadequate Security Lawsuits?

Inadequate security lawsuits usually fall under the category of premises liability claims. In such lawsuits, the plaintiff is attempting to hold a property owner liable for failing to provide security for business patrons, such as shoppers in a store or students on a college campus. The plaintiff is usually seeking a damages award from the business owner or an injunction requiring them to change their security policies.

A premises liability case is usually limited for criminal acts done by third parties since the property owner cannot anticipate criminal acts of another. However, a property owner may be held liable for criminal acts of third parties if the property owner knew or should have known that criminal conduct is common in surrounding areas.

What Is a Business Owner's Duty to Provide Adequate Security?

The duties of business and property owner fall into categories:

What Factors Are Considered When Determining Whether Security is Adequate?

Under premises liability theories, business owners owe their patrons a duty of care to maintain the premises in a reasonably safe condition. Whether or not the “duty of care” includes providing security depends on several different factors.

There are three basic factors that a court considers when determining whether security was adequate enough:

A court needs to consider these factors when determining whether or not security was adequate in a business establishment. In most cases, courts hold business owners to a “reasonableness” standard. That is, business owners are only required to provide a degree of security that is reasonable for that type of business operation.

What Do Conditions Mean in Relation to Inadequate Security Lawsuits?

Most inadequate secrurity cases involve crimes or accidents that take place on property because of the owners negligent security procedures. A court may take note of various “conditions” that can affect the business owner’s liability in providing security. These conditions include:

Do I Need a Lawyer for Assistance with an Inadequate Security Lawsuit?

Legal requirements for business owners and security are constantly subject to change. For these reasons, it’s in your best interest to contact a competent lawyer for assistance with an inadequate security lawsuit. An experienced attorney can represent your interests in court and argue in your favor.  

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Last Modified: 09-10-2015 10:48 AM PDT

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