If you have been the victim of a crime on the property of another, you may be able to hold them liable for the harm you have suffered. You see, establishments have a duty to put adequate security measures in place to protect visitors to the property from being the victims of crimes. Failure to do so could result in a crime victim bringing an inadequate security claim, which is a type of premises liability claim, against the property owner seeking the recovery of compensation for damages suffered as a result of the inadequate security.
Building an Inadequate Security Premises Liability Case
There are a few key factors to consider when you are building an inadequate security case. First of all, remember that, as a claimant, you are looking to show that the establishment failed to put sufficient security measures in place to prevent the crime that occurred from occurring in the first place. As such, the nature of the crime that occurred will be a critical element in building your case. Did the establishment put adequate security measures in place to prevent that specific type of crime from occurring? For instance, if the crime was theft, a court may consider whether the establishment had adequate lighting in the area or security cameras.
Where the crime occurred on the property will also be relevant to the inquiry as to whether the establishment should be held liable in an inadequate security claim. Are there areas of the property that are not as well secured as they should be? Did the crime occur in a poorly lit area or a secluded area? If the establishment has such gaps in their security measures, this will be relevant to a court’s evaluation as to whether they were providing adequate security on the property.
In order to support your inadequate security claim, there are a number of sources you can draw on to support your assertions that you were harmed due to inadequate security on a property. For starters, you can point to any previous criminal activity that occurred on that same property or even in the area surrounding the property. Previous crimes at the establishment can be particularly compelling as it shows that it would have been reasonable for the establishment to take steps to prevent that crime from occurring again.
You can also look to industry standards for security to strengthen your claim. The court is likely to consider what security measures are a standard for use in a particular industry and this standard is likely to vary widely between industries. For instance, an apartment building is likely to have a security desk at the front manned by security guards. A small retail shop, on the other hand, is not likely to have this.
Using expert testimony to support your claim can also work to your advantage in bringing your inadequate security claim. An expert is likely to provide solid evidence of industry standards for security and whether that establishment failed to comply with those standards. In addition to expert testimony, you will need other evidence that the establishment was negligent in its duties to provide adequate security. Other evidence of this can include things like police reports in addition to expert testimony.
Philadelphia Personal Injury Attorneys
In a successful inadequate security claim, you can recover compensation for the injuries and other damages you suffered as the result of being a crime victim on someone else’s property. For legal counsel you can trust, turn to the team at Cooper, Schall & Levy. Contact us today.
