Security Failures Leading to Sexual Abuse
When an injury results from a property owner’s failure to provide adequate protection to those entering their property, the injured party may have a claim for negligent security. The owner or manager of a property is responsible for implementing effective security measures and keeping the premises free of hazards. Failure to do so may render the owner liable for injuries under the theory of premises liability. Premises liability is the basis of a civil action in which an injured party holds a property owner responsible for crimes committed by a third party. Cases of negligent security can arise in different types of properties, such as apartment complexes, hotels, malls, bars, nightclubs, office buildings, parking garages and other common areas.
Duty to Provide Security
The law requires property owners to ensure a safe and secure environment for those who are on the property. This duty requires owners to take reasonable measures to achieve a secure environment. Reasonable measures may entail providing functioning door locks, proper lighting, security guards and/or cameras. A property owner may also be required to inspect the property, make reasonable hiring decisions, and implement effective security policies and procedures.
Foreseeability of Injury
Foreseeability that an injury may occur is an important issue in negligent security cases; the plaintiff must show that the property owner was aware that there was a risk of injury and ignored the dangers posed to visitors or tenants. In certain locations (such as ATMs) or in areas with a high risk of crime, an attack would be considered foreseeable and the owner must ensure the safety of its patrons. In high-risk situations, it would likely be reasonable for the property owner to have several protective measures in place, such as cameras, a guard and proper lighting. A successful claim will show that the assault could have been avoided or would have been less likely if reasonable measures were in place.
Consequences for Failure to Provide Adequate Security
Negligent security resulting in sexual assault can lead to both physical and psychological injuries. Survivors of assault can experience anxiety, depression and post-traumatic stress disorder after an attack. Victims of sexual assault can also suffer from a loss of security and feelings of betrayal. They may also incur significant medical expenses and lost wages. A lawsuit for faulty security can help victims recover compensation for medical expenses and psychological and emotional injuries and allow them to feel that justice was served against the accused.
Levy Konigsberg LLP is a nationally recognized law firm that has recovered millions of dollars for victims of sexual abuse. If you or a member of your family has been the victim of sexual assault resulting from faulty security, please contact our lawyers for a free and confidential consultation by calling 1-800-225-9825 or submit an email inquiry above.