Business or property owners have a duty to keep their premises secure for public visitation, which includes having appropriate safety measures in place. These measures may include having operable security cameras, proper lighting on the property, working locks, and security officers on premises. For a business or property owner to be liable for negligent security practices, some factors come into play, including the criminal history in the area in which the business or property is located, the general location of the property, and how it is being utilized.
If you've been injured on someone else's property due to negligent security, reach out to our negligent security lawyer in Salt Lake City, Utah today at 801-400-9860. You can also fill out our convenient and confidential online form on this page, and we will reach out to you to set up an initial consultation.
Common Negligent Security Claims
Negligent security claims come in many forms. If you were, injured, assaulted, robbed, shot, or raped on someone else's property, a negligent security lawyer may be able to help you. Some common negligent security claims include:
- Assaults in poorly lit parking lots
- Assaults on college campuses
- Robberies in improperly secured parking lots or at ATMs
- Assaults in hotel rooms with faulty door locks
- Robbery at a gas station with nonexistent or inoperable cameras
- Assaults in apartment complexes with inadequate security, especially in shared, unsafe areas
- Other injuries
According to statistics from the Bureau of Justice, common negligent security situations happen in parking lots or parking garages, at gas stations, bars, nightclubs, schools, factories, hospitals, parks, banks, apartment complexes, shopping centers, etc. Some general transgressions of negligent security include poor lighting, lack of security cameras, malfunctioning security cameras and equipment, broken door or gate locks, broken fences, untrained or unqualified security personnel, lack of security personnel, lack of or malfunctioning security alarms, etc.
If you've been hurt due to any of the above common negligent security factors, you may have a negligent security claim. Our experienced and trusted legal professionals at Andrus Law Firm will review the facts of your case and advise you on legal options that may be available to you.
Maintaining Reasonable Security
For businesses, maintaining reasonable security is vital for the protection of customers and other public visitors. As such, business owners must be responsible for knowing what is happening in their neighborhoods.
Some factors used to determine if a business owner is liable for negligent security include:
- Criminal history on the site and in the area of the business or property. The prevalence of crime determines how much security is needed. If crimes have taken place on the property or near it, subsequent crimes may be determined to have been foreseeable by the owner.
- The time in which the previous incidents have taken place. If criminal activity has more often occurred at night, more security measures should be taken during night-time hours to discourage similar activities.
- Previous claims against the business owner exist.
- The offender's criminal history is something that the business owner knew about or could have predicted.
- The security measures that similar businesses in the area have taken to protect their public visitors.
To Whom Does the Property Owner Have an Obligation?
In Utah, whether the owner has an obligation to a victim depends on the victim's legal status. As such, an injured person's legal status may impact their negligent security case. Utah recognizes three main types of visitors:
- Invitee - Someone who has been invited to the property by the owner. For example, a customer in a store is considered an “invitee.”
- Licensee - Someone who enters the property by his or her own choice and with the property owner's consent.
- Trespasser - Enters the property without the right to do so.
Proving a Negligent Security Claim in Utah
To prove negligent security, a plaintiff must prove a few elements. It must be established that the defendant owned, leased, or occupied the property in which the injury took place; that the defendant was negligent in the utilization of the property; the plaintiff must have sustained injuries; the defendant's negligence must have played a significant part in causing those injuries.
For a negligent security claim to exist, it must be apparent that the owner, leasee, or occupier of the premises had an obligation to ensure that it was inspected and maintained to create a reasonably safe environment for the property's intended use. Similarly, negligence must exist, meaning that the property owner did not provide reasonable and appropriate care in maintaining the property.
Benefits of Hiring a Negligent Security Lawyer in Utah
If you believe you have a negligent security claim, contact Andrus Law Firm today. Our negligent security lawyer is trusted and experienced with a proven track record of getting clients the legal justice they deserve. To schedule an initial and confidential consultation where we will review the facts of your case, call us at 801-400-9860, or fill out the convenient online form on this page.