Foreseeability & Negligent Security In Alabama

In most states in the U.S., the owner of premises has a duty to exercise reasonable care toward their guests (though ‘reasonable’ may differ depending on the visitor’s status). This is known as the law of premises liability, and it primarily deals with instances where a property owner has been negligent. If a guest becomes the victim of a crime perpetrated by a third party, however, while on those premises, the law of negligent security may come into play as well.

If you have been the victim of a crime while on another person’s premises, the law of Alabama may allow you to file suit against the property owner. The Birmingham personal injury attorneys at Goldasich, Vick & Fulk are here to help. We will work hard to protect your interests during the legal process.

No Duty To Warn (Usually)

Negligent security crimes are less common than they once were, but still occur often in places like hotels, nightclubs and other places commonly populated at night. In general, the law of premises liability puts a duty on a property owner to warn of potential dangers on the land that they are unable to fix – for example, a hotel may post a sign warning visitors that a certain elevator is out of order. If a guest tries to use it and injures themselves, the hotel will likely not be liable for their injuries.

By comparison, there is no law (as of this writing) that places a duty on a property owner to warn about potential criminal activity. People can investigate how dangerous a location may be by using publicly available data. Alternatively, they can assume the risk of visiting. However, there are situations in which a property owner will be found negligent for not taking enough steps to ensure the safety of their visitors.

Is It Foreseeable?

The key factor that will determine whether a property owner might be liable for negligent security is foreseeability. It is a long-held legal principle that a person cannot usually be held liable for an event no one expected to happen. However, if an event is reasonably foreseeable to the average person, then liability may be possible, because a property owner has an obligation to take steps to prevent it at that point.

For example, it is generally foreseeable that robberies may occur in or near a nice hotel in a run-down area. If a property owner does not take enough steps to make their guests feel safer – say, installing security cameras, hiring security guards, ensuring outdoor areas are well lit – their lack of care may be held against them in an Alabama court.

Have You Been Victimized? We Can Help

Being the victim of a crime is a terrifying experience for most, and it can feel almost like a betrayal when you are victimized in a place where you should feel safe. Our Birmingham negligent security attorneys can help – the firm of Goldasich, Vick & Fulk have handled many of these cases and work hard to protect our clients’ rights. Contact us today at (205) 731-2566 to schedule a consultation.