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.