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How to Prove a Negligent Security Claim

negligent security claim

Whether you are dining at your favorite restaurant or spending a night in a hotel, you have an expectation of safety and security. You have a reasonable expectation that the establishment has adequate policies to protect you from harm. Does anyone expect to be robbed while leaving a restaurant or get assaulted on their way back to their hotel room? Does the owner of that restaurant or hotel owe any duty to their customers to keep them safe from harm? If they owe such a duty, can they be held legally liable by the customer for damages incurred as a result of a crime? Today, let’s explore how to prove a negligent security claim.

Negligent Security & Your Safety

Owners of property owe a legal duty to their customers to provide them with a reasonably safe premises and protect them from foreseeable crimes. A legal action for negligent security can be brought by the victim of the crime against the party in charge of the property if the injured party can prove that the crime could have been prevented, or at least less likely to have occurred, if the property owner had provided adequate security. 

negligent securityExamples include a mall owner failing to hire security guards during the holiday shopping season. Another example may be the operator of a hotel that fails to provide security at the entrances, allowing anyone to enter or leave the building without restriction. 

What is a Negligent Security Claim?

What constitutes adequate security will vary depending on the facts of each case and the foreseeability of the harm in any given situation.  To reference the example above, the amount of security that may be considered adequate will vary greatly between hotels in a high crime area and bed and breakfasts in a community where crime is almost non-existent. Likewise, the level of security considered adequate for a shopping mall may vary depending upon the time of year and the location of the facility.

Owners and operators of facilities have a legal duty to be aware of the level of criminal activity in their area and make adequate efforts to protect their customers from criminal harm. Failure to provide such protection will leave the owner open to a negligent security claim.

Proving Negligent Security

If you have been a victim of a crime due to the failure of a property operator to provide adequate security, contact the attorneys experienced in handling negligent security liability cases at the Rossetti and DeVoto law firm. 

With Rossetti and DeVoto, you can trust our experienced lawyers to help you through the entire legal process. We strive to get you full compensation on any negligent security claims, including payment for lost wages, compensation for pain and suffering, as well as immediate medical and treatment bills. We have extensive experience in these types of claims and work with your unique circumstances to ensure you get the help you need from start to finish. Contact us today at 844-263-6260 for a free consultation to get started.

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Rossetti & DeVoto

Lou DeVoto and Andy Rossetti have again been named to New Jersey's Best Lawyers for Personal Injury Litigation. This is the 15th year in a row that each attorney has been named in the elite rankings.

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