What Counts as Negligent Security?

When you enter a store, you expect it to be safe. You might not like what the store is selling, but you shouldn’t be harmed when shopping.

The same holds true if you go into a restaurant, bar, nightclub, or any other public gathering space. The property owner is responsible for creating a safe environment for their customers.

Failing to provide a safe environment can lead to injury and not just from slipping and falling. If you are hurt as a result of someone’s intentional acts, such as falling victim to a violent crime on that property, it could be an instance of negligent security.

If you’ve been harmed by someone else’s actions and you want to better understand what counts as negligent security, we’ll deep dive into this area of the law below.

Legal Basis for Negligent Security Claims

Intentional criminal activity can mean anything from an assault to a shooting to robbery or worse.

While it might seem that those kinds of criminal acts are random, there is still a level of negligence, which may mean that the property owner and others are liable for the injury or loss. The following are the elements that need to be established for you to meet the legal basis to pursue a negligent security claim:

Duty of Care

You must establish that the property owner had a duty of care to keep the premises you visited in Maryland safe. This goes beyond having secured a door’s locks after the business is closed and also providing a measure of security during working hours.

In negligent security cases, you need to prove that the owner knew of the risk and failed to take the appropriate actions to minimize the risk.

Breach of Duty of Care

You need to show that the property owner breached their legal duty of care through careless actions related to security. Some areas they could be careless with include:

• Providing inadequate lighting in dark hallways, staircases, and parking lots
• Not installing proper and secure locks on all entry points, including doors, windows, and gates
• Not hiring security personnel
• Neglecting to install surveillance cameras
• Failing to warn others of potentially dangerous conditions

Causation

You must also establish a link between the owner’s careless actions and your injuries. For example, suppose you live in an apartment building with a security system that only allows tenants to buzz in visitors.

If that system is broken and someone gains access to rob or assault you, that could potentially be a case of negligent security.

Damages

You must also provide evidence of your damages. Those would be our out-of-pocket expenses for medical bills or property replacement. The damages can also be related to pain and suffering.

That includes any mental anxiety you develop as a result of the incident.

Foreseeability of the Crime

The foreseeability of a crime is part of the duty of care issue. It means a responsible property owner should understand the nature of crime in the area where their business is located. It is not hard to look up crime data provided by the Maryland Governor’s Office of Crime Prevention and Policy.

For instance, if you own a gas station that has been robbed several times in the past year, then hiring security guards would be responsible. Of course, a security guard is not guaranteed to prevent a crime.

In that case, the property owner might not be held liable for the injuries because they provided the duty of care.

Statute of Limitations

In Maryland, the statute of limitations applicable to personal injury cases like these is three years.

That means you have three years to file a personal injury claim, and that starts on the day the assault or loss occurred. That statute doesn’t apply to an insurance claim. It only pertains to bringing a civil action.

When you hire experienced Baltimore negligent security attorneys like ours, we will ensure you meet all the filing deadlines.

Potential Responsible Parties in a Maryland Negligent Security Case

Who is responsible for a negligent security case? The named at-fault parties might be more than one person or entity. Here is a list of all the possible people and entities that your lawyer could name as a defendant in your negligent security case:

• The owner on the deed for the real estate
• The owner of a building on the land, if different from the deed
• Any company that operates a business inside a building or in exterior spaces
• A property management company
• A landlord that leases out space to individuals or entities
• Tenants who lease space from the owner or other company
• An entity that promotes an event at the property

It might not seem fair to hold an owner responsible if the assault occurred in a space they were renting out. However, unless the owner has a contract stipulating they will not be held responsible for the tenant’s actions, they can be held partially accountable.

Building Your Case Against the Party Who Harmed You in Baltimore

Being the victim of an assault or robbery is traumatic. It is incredibly upsetting when it occurs at a place you thought would be safe.

If you or your loved one were the victims of a negligent security assault, you need to discuss what happened with the attorneys Belsky & Horwitz, LLC. We will provide you with the compassionate support and guidance you’ll need to understand all your options.

If we take on your matter, we’ll conduct a thorough investigation into the incident and help you build a strong case supporting your version of the events.