Is a Property Owner Liable for Your Assault Injuries?
Negligent security is a category of law that falls under premises liability. It refers to the property owner’s negligence in maintaining secure grounds.
When violent acts or crimes harm someone on an owner’s property, there may be a legal basis for a lawsuit against the property owner. In these types of cases, the civil lawsuit would hold the property owner accountable for damages resulting from the negligent security.
What Are Examples of Negligent Security?
Many property owners take security measures to prevent criminal assaults from occurring on their grounds. A lack of security measures may in some cases establish grounds of negligence. Security measures frequently include:
- Security guards that patrol the area
- Gated and locked entry areas
- Fenced in parking lots
- Locked doors or buzzer systems for entry
- Security cameras with broad views of the area
- A security warning system
- Well lit parking lots and stairwells
What Types of Establishments Must Take Security Precautions?
Lack of security in the following types of facilities can make the property owner and their agent liable for criminal assaults:
- Hotels, resorts, convention centers
- College dormitories and grounds of universities and public or private schools
- Apartments and gated communities
- Nightclubs, restaurants and bars
- Recreational centers, sports stadiums and concert venues
- Casinos and racetracks
- Hospitals, mental heath institutions and medical clinics
- Nursing homes and assisted living facilities
- Banks and ATM areas
- Mass transit stations for trains, subways and buses
- Office buildings and parking lots
- Movie theaters
- Shopping malls
What Should You Do If Assaulted?
- If you are in a public or private area and someone mugs, attacks or assaults you, you should seek medical assistance first, especially if seriously injured.
- You should call the police and report the incident. Having the assault on record helps the police to investigate, track down and arrest the assailant. It also documents the injury that occurred on the property.
- If you believe the criminal act occurred as a result of negligent security, you should contact a lawyer as soon as possible. Aside from the fact that the person assaulting you could be held liable for damages, the property owner may also be liable.
Sackstein Sackstein & Lee, LLP has experience handling this type of case. We offer a free consultation to evaluate your circumstances and whether grounds exist for pursuing legal action.
