Premises & security liability
Premises liability is the legal responsibility of property owners or occupiers to maintain safe conditions for visitors and even trespassers. When they fail to do so, injured parties may pursue compensation through a civil claim.
Inadequate Security
Inadequate Security falls under premises liability when a property owner fails to take reasonable steps to prevent foreseeable accidents.
Common Scenarios:
- Assaults in poorly lit parking lots
- Robberies in unsecured apartment complexes
- Hotel break-ins due to faulty locks
- Nightclub injuries due to lack of trained security
Key Factors:
- Foreseeability: Was the predictable based on prior incidents?
- Preventability: Could reasonable security measures (e.g., lighting, cameras, guards) have reduced the risk?
Elements of a Claim – To succeed, plaintiffs must prove:
- Duty: The owner had a legal obligation to maintain safe premises
- Breach: That duty was violated (e.g., no lighting, broken locks)
Premise Liability
Premise liability may involve the following:
- Slip and fall in a grocery store
- Unsafe walkway or trip hazard
- Failure to remove snow or ice
Elements of a Claim:
- Duty – The store owed the customer a duty as an invitee to maintain safe conditions
- Breach – The store failed to clean the spill or warn customers
- Causation – The customer slipped because of the oil
- Damages – Medical bills, lost wages, pain and suffering, etc.