What Is A Negligent Security Lawsuit And Can I File One?
Property owners in Birmingham have a duty to make sure that their premises are reasonably safe for guests on their property, particularly for customers on business premises. Business owners need to use reasonable care to ensure that a potential customer will not encounter a serious hazard that will result in an injury. These risks can lead to slip and fall accidents or be contributory to criminal acts committed against you, such as a break-in or assault. It is important to know that business owners have a duty to ensure that their premises is secured against unreasonable hazards and that property owners can be liable for some injuries resulting from negligent security.
Understanding Premises Liability and Negligent Security in Birmingham
What is a negligent security claim, and how does it work? A negligent security claim is a type of premises liability claim. As we explained above, premises liability law says that a property owner owes a duty of care to people on their premises, and that business owners owe a particular duty of care to customers and clients on their premises, regardless of whether the person actually buys something or pays for a service. Under these circumstances, the business owner must ensure that there is reasonable security on the premises to prevent an injury.
When a property owner fails to install or repair a security hazard or fails to act in response to a serious security issue, that property owner can be responsible for a person’s injuries even if a third party’s intentional act was the direct cause of the harm.
Many negligent security claims involve the criminal acts of a third party. For example, a third party might perpetrate an assault, robbery, or sexual assault and cause injury to someone on a business’s premises. Even though the third party was the direct cause of the injury, the property owner could be liable if negligent security played a role in enabling the third party to engage in the criminal act.
Examples of Negligent Security Injuries
There are a variety of injuries that can result from negligent security, such as:
- Hotel or motel guest injured in a room break-in where a door or window lock was broken and allowed the perpetrator to enter;
- Retail store customer who was attacked in a parking lot with inadequate lighting;
- Restaurant or nightclub patron who was assaulted outside the club after a history of assaults, and the owner failed to hire a security guard or to institute security procedures.
Liability for an Injury Resulting from Negligent Security
You may be eligible to file a negligent security claim if you were injured on a business’s property in an assault or other criminal act. You should have a lawyer evaluate your case to determine whether negligent security played a role in causing your injury. To hold a property owner accountable, Alabama law will typically require that you file your claim within two years from the date of the incident in which you were injured.
Contact a Birmingham Personal Injury Attorney
Were you injured as a result of a property owner’s negligent attention to security? You could be eligible to file a negligent security claim, and a Birmingham personal injury attorney at Goldasich, Vick & Fulk can assist you. We routinely represent injury victims who have suffered harm because of another party’s negligence or wrongdoing.