How Is a Negligent Security Claim Proven?

Property owners and businesses are required by law to maintain their premises in such a way that’s reasonably safe for visitors.

If they don’t provide adequate security and someone gets hurt, the injured party may have grounds to file a negligent security claim. These cases typically arise when someone is assaulted, robbed, or otherwise injured because of insufficient security measures.

Proving a negligent security claim requires demonstrating that the owner or manager of the property didn’t take reasonable steps to prevent foreseeable harm. Several key elements must be established in court to hold the responsible party accountable.

Establishing a Duty of Care

The first step in proving a negligent security claim is showing that the property owner or manager had a legal duty of care to the victim. This is the reasonable duty that exists when people or businesses invite others onto their property for commercial, residential, or public purposes.

Places like shopping malls, apartment complexes, hotels, parking garages, and entertainment venues are expected to provide security at a reasonable level to protect visitors from foreseeable dangers.

Maryland law recognizes that property owners are not automatically responsible for every crime that occurs on their premises.

However, if the owner knew or should have known about possible safety issues and failed to act, they may be held liable for negligence. The level of necessary security typically depends on things like crime rates in the area, previous criminal incidents on the property, and the type of business.

Proving a Breach of Duty

Once there’s an established duty of care, you (the injured party) will have to prove that the property owner breached, or failed in, that duty by failing to take a reasonable level of security measures despite knowing—or having reason to know—that a risk exists.

Common examples of security breaches include:

• Lack of security personnel in high-risk areas
• Inadequate lighting in parking lots or stairwells
• Broken or malfunctioning locks on doors or gates
• Failure to install or maintain surveillance cameras
• Lack of proper screening for tenants or guests in residential buildings

Proving a breach of duty will require gathering evidence like maintenance records, security videos, witness statements, and reports of previous criminal activity in the area. If you can show that the owner failed to take basic safety precautions that could have prevented the incident, this strengthens your negligence claim.

Demonstrating Causation

In a negligent security case, you must also establish a direct link between the property owner’s failure and the harm you suffered.

This means showing that the lack of security measures contributed to the crime that led to your injury.

For instance, if you were attacked in a parking garage with a history of robberies and management failed to implement additional security measures, you must prove that measures, such as improved lighting or increased security patrols, could have deterred the attack.

Proving causation can be challenging because property owners may argue that the crime was unavoidable, even with enhanced security.

Expert testimony, security assessments, and crime data often play a crucial role in establishing that the incident was preventable with reasonable precautions.

Establishing Foreseeability

Foreseeability is a critical factor in negligent security claims. It refers to whether the property owner should have reasonably anticipated the risk of a crime happening and then taken preventative action.

Courts will consider several factors when evaluating foreseeability, including:

• The history of similar crimes on or near the property
• Whether the business attracted criminal activity (e.g., a late-night convenience store)
• Whether there were prior warnings or complaints about safety concerns

For example, if a hotel in a high-crime area had multiple reports of break-ins but failed to improve security, you, as a victim of an assault, could argue that the risk was foreseeable. Property owners cannot claim ignorance when there’s clear evidence that additional security was necessary.

Proving Damages

Ultimately, you must demonstrate that you suffered actual harm due to the security failure.

Damages in a negligent security case can include compensation for medical expenses, lost wages, pain and suffering, and emotional distress.

Medical records, police reports, financial statements, and psychological evaluations can all serve as evidence to support a claim for damages.

The stronger the proof of harm, the more likely a victim will recover compensation for their losses.

What Is the Role of Expert Witnesses?

Expert witnesses can also play a key role in negligent security cases. Security professionals, crime analysts, and property management experts can give valuable insights into security industry standards and give an opinion on whether the property owner’s actions were below acceptable safety practices.

Their testimony can help establish that better security measures could have prevented the crime, and that the owner’s negligence contributed to the harm you’ve suffered.

Proving a negligent security claim will require that you demonstrate a property owner’s duty to provide reasonable security, their failure to do so, and how this failure led to foreseeable harm.

These cases often rely on detailed evidence, expert testimony, and legal arguments to establish liability.

If you’ve suffered an injury due to inadequate security, you may have some legal options to recover fair compensation and hold negligent parties accountable.

At Belsky & Horowitz, LLC, our experienced legal guidance can help ensure that all necessary elements are properly presented in court, giving you the best chances for a successful claim.