Seven Kinds of Negligent Security

When people are in public places, they have a right to security and safety. That’s why we have a police force, National Guard, and so on. They also have a right to safety and security in private places, like someone else’s house, or semi-public places, like hotels. In these cases, the law assigns the duty of safety and security to the property owner.

Generally, property owners have a duty of reasonable care, a legal principle that’s based on the story of the Good Samaritan. The Good Samaritan went out of his way to assist and protect an injured traveler. Likewise, California property owners must go out of their way to ensure safety and security.

The extent of this duty varies, but in most cases, the seven issues discussed below almost always constitute negligence, or a lack of care. If negligence, including negligent security, caused injury, the Best Personal Injury Lawyer can obtain substantial compensation for victims. This compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

We know what you’re thinking. Assaults and other such injuries are police matters, and property owners usually don’t attack people. Yes, assaults are police matters, but these legal cases usually don’t compensate victims.Furthermore, property owners are like camera operators. If camera operators don’t do their jobs, actors are unable to act. If property owners don’t create and maintain safe environments, people are unsafe.

Inadequate Lighting

A dark alley or parking lot puts people at great risk. Most violent crimes occur at night. As is the case with most other kinds of negligent security, the issue could be lack of lighting or improperly-maintained lighting (e.g. burned-out bulbs).

The dual nature of the duty of care comes into play in these situations. Property owners must create safe environments with adequate lighting. They must also frequently inspect these lights, and other security measures, to ensure continued safety and security.

Broken Locks

Broken locks are invitations for criminals like burglars and thieves. These individuals usually just want money. But if someone happens to be in the room when they enter, things could get very ugly.

Inadequate Security Perimeter

Nonworking gates or outer security doors and gaps in security fences are the two most common security perimeter negligence issues.
Outer gates and doors usually have electronic locking mechanisms that only a FOB or other device can control. If that mechanism isn’t working, especially in a parking garage entrance, the risk is substantial. Propped-open gates and doors are also an issue.

Security fences are common, and effective, security perimeters in many cases. Usually, however, security fences cover large, open areas. A gap in a security fence, whether due to natural wear-and-tear or someone’s destructive efforts, is negligence.
Furthermore, a security perimeter, even locked gates, cannot substitute for heightened security, if that security is reasonably necessary.

Lack of Security Guards

Many properties don’t need security guards. Private homes usually don’t need security guards. Furthermore, many businesses that don’t have much cash and/or foot traffic don’t need security guards.

Check cashing stores, pawn shops, banks, and other such businesses usually need live security. The same thing is true for restaurants and other places with heavy foot traffic, especially if alcohol is served.

The level of security matters as well. Sometimes, a courtesy patrol or a night watchman suffices. Other times, effective security requires several large men with large guns. Generally, the proper level is somewhere in between.

Inadequate Security Cameras

First and foremost, security cameras are the ultimate passive security. Independent sources confirm that cameras have a negligible deterrent effect. So, a Los Angeles personal injury lawyer could successfully argue that over-dependence on cameras is negligent security. Additionally, cameras involve the same installation and maintenance requirements discussed above.

Blocked Emergency Exits

A proper emergency exit is more than a door. As part of the duty of care, property owners have several responsibilities in this area. For example, the emergency exit must be unobstructed, have proper signage, and be well-lit, even if the lights go off. Blocked exits are one of the most common OSHA violations in SoCal.

Failure to Screen Employees

The failure to screen (negligent hiring) or watch (negligent supervision) employees is a form of negligent security. Usually, people with criminal records are unqualified employees, if the record pertains to the job function (e.g. people with assault records shouldn’t be tour guides). The duty to supervise employees includes a responsibility to prompt, thoroughly, transparently, and fairly investigate all misconduct allegations and, if necessary, punish the employee.

Consult Our Experienced Personal Injury Attorney Today!

Property owners have legal safety responsibilities. For a free consultation with a Personal Injury Lawyer Beverly Hills, Contact the Law Offices of Eslamboly Hakim. We routinely handle matters throughout the Golden State.

Credit: Photo by Midjourney