Property owners have responsibilities to people who enter their businesses and other premises. In some circumstances, that responsibility can include taking reasonable steps to protect visitors from foreseeable criminal activity.
When a person is assaulted, robbed, or otherwise injured because a property lacked reasonable security measures, questions may arise about whether the property owner or operator should have done more to protect visitors.
These cases can be complicated because proving inadequate security requires examining the specific property, the circumstances of the incident, and whether the danger was reasonably foreseeable.
What Is Inadequate Security?
Inadequate security generally involves a property that lacks reasonable safety measures despite circumstances suggesting that additional precautions may have been necessary.
Potential security problems can include:
- Broken or inadequate exterior lighting
- Unsecured entrances
- Broken gates or locks
- Missing security cameras
- Lack of appropriate security personnel
- Poorly maintained parking areas
- Uncontrolled access to a property
- Failure to address known criminal activity
Not every criminal act occurring on someone else’s property automatically makes the property owner liable. The circumstances surrounding the incident matter.
Where Can Inadequate Security Claims Occur?
These incidents can happen in many different locations.
Examples include:
- Apartment complexes
- Hotels
- Shopping centers
- Restaurants and bars
- Gas stations
- Parking garages
- Retail stores
- Entertainment venues
- Office buildings
A person may be injured in a parking lot, inside a building, near an entrance, or in another area controlled by a business or property owner.
Why Prior Incidents May Matter
One important issue can be whether the property owner knew or should have known about a potential security problem.
Prior criminal incidents in or around a property may become relevant when determining whether a particular danger was foreseeable.
For example, repeated reports of assaults, robberies, or other criminal activity in a particular location could raise questions about whether reasonable security measures should have been implemented.
The surrounding circumstances must be evaluated carefully rather than assuming that one prior incident automatically establishes liability.
Evidence Can Be Critical
Inadequate security cases may depend heavily on evidence that is controlled by the property owner or another business.
Potential evidence may include:
- Security-camera footage
- Incident reports
- Police reports
- Prior complaints
- Security logs
- Maintenance records
- Lighting inspections
- Access-control records
- Witness statements
Photographs of the property can also be important.
For example, photographs may show a dark parking area, broken lighting, damaged locks, or another condition that contributed to the incident.
What Should You Do After an Incident?
If you are injured because of an alleged security problem, seek medical attention and report the incident to law enforcement when appropriate.
Document the location and preserve photographs of the surrounding area.
Write down what you remember while the details are fresh. If other people witnessed what happened, obtain their contact information if possible.
You should also preserve communications with the property owner, manager, security company, or insurance carrier.
Serious Injuries Can Follow Property-Related Assaults
An assault or other criminal incident can result in serious physical and emotional consequences.
Victims may suffer traumatic brain injuries, fractures, spinal injuries, internal injuries, permanent disabilities, or other significant harm.
Treatment may continue long after the incident, creating medical expenses and time away from work.
Talk to a Birmingham Premises Liability Attorney
Determining whether a property owner may be responsible for inadequate security requires more than simply showing that a crime occurred.
The circumstances of the property, prior incidents, available security measures, evidence, and nature of the danger all may matter.
If you were seriously injured because of an alleged security failure in Birmingham or elsewhere in Alabama, Shaun Capps Injury Law can review the circumstances and explain your potential legal options.