What Public Venues Can Negligent Security Incidents Happen At?

One of the most basic expectations whenever you go to a public establishment like a restaurant, a store, or an event is that you will be safe. In particular, we expect that there will be security personnel present to prevent such scenarios. Likewise, we expect the security personnel to perform inspections of attendees for safety and remove people from the premises who might harm others.

What happens when a business or an event fails to do this? Legally, the concept is known as negligent security. This is when the host of an event or the operator of an establishment fails to take expected safety measures to limit the risk of people being hurt by others.

Strictly speaking, this is a form of premises liability. In that sense, it is little different from a company’s duty to prevent slip-and-fall accidents on wet floors. However, negligent security requires proof that threats were known and the establishment failed to meet its obligation. Consequently, negligent security claims oftentimes require a lot of investigation.

You do have the right to pursue legal action against a venue if its lack of security led to your injuries. Here is what an experienced premises liability lawyer like those at Barrera Law Group LLC will likely tell you about pursuing a negligent security claim.

Understanding the Definition of Negligent Security

Lawful visitors to any venue have a right to expect security to deal with known threats, particularly criminal assaults. Notably, the theory of negligent security doesn’t require the owner or anyone at the venue to have been in on the crime. It is enough for the venue to simply have failed to provide sufficient security.

The classic example of non-negligent security is when a bar or a nightclub has a security person at the door. That person checks IDs, turns away known troublemakers, and may even search for weapons. These are basic precautions because bars and clubs are known magnets for violent activity, especially due to the presence of people drinking alcohol.

The range of incidents covered by negligent security is quite diverse. Assault and battery are among the most common, with people simply striking others. Sexual assault is another common security concern. Armed robbery, shootings, and stabbings also fall into this category. You might even pursue a claim involving an abduction.

Visitor status also tends to be a factor. A fully invited person has the generally highest expectation. For example, a paid ticket holder at a concert expects security. Likewise, a legally permitted entrant, such as someone who entered a club, still has a high expectation. Trespassers have the lowest expectation, although they do still have rights. In fact, some states like California have fairly strong protections for this category.

Where Negligence in Security Often Happens

Adjoining sidewalks and parking lots are among the most common areas for negligent security. Notably, many venues assume they’re automatically off the hook for security when folks exit. However, a poorly lit parking lot is an invitation to assault, and a venue should monitor it with cameras and people.

While not strictly venues, apartment complexes are more traditional premises in terms of liability. Just as a landlord has a duty to fix a broken step, they also have a duty to secure the building. This includes implementing solutions like cameras, pass cards, and even a security desk.

Hotels and motels also have security concerns. For example, a motel might fail to fix a broken lock, leading to a break-in as part of a robbery or a sexual assault.

Retail settings, clubs, restaurants, and convenience stores are other common settings for negligent security. You also have an expectation of security at an ATM.

A place people often overlook in terms of security is a hospital. In the worst scenario, someone who had previously been involved in an assault might go to the same hospital as their victim does. They may also seize the opportunity to resume the fight.

Schools and campuses have similar issues. Transition stations, parks, and bus stops also need to provide security. Fitness centers do, too. Likewise, stadiums and other event venues have a duty to secure a location against rowdy crowd members.

The Legalities of Negligent Security

The foreseeability of a crime is the defining legality of negligent security. Look back to the example of a doorman at a bar. Bars frequently have bouncers because anyone can foresee that serving alcohol increases the odds of a violent incident.

A premises liability lawyer will often focus on documenting the venue owner’s prior knowledge of security problems. If several assaults have occurred in a poorly lit parking lot at a grocery store, for example, an attorney might hold that up as proof that the owner should have expanded security to protect their customers.

It is also important to document what wasn’t present. For example, eyewitnesses might attest that a nightclub had no one at the door on the night of a fight. Your attorney might look at why the lighting was so bad in a parking lot. They will also probe who was responsible for the lighting falling into disrepair.

While it helps for a successful criminal charge to connect to a civil claim, it is not necessary. Sometimes the evidence doesn’t support the stronger standard required to convict someone of a crime. The “more likely than not” standard of a civil case makes this approach appealing to some folks who have seen a prosecution fail or who expect it to. You do have the right to pursue a civil claim at the same time that a criminal case is still ongoing.

Most states’ premises liability rules require you to file a claim within two years of the incident in question. An attorney can help you understand the local rules for filing.