Property owners generally have a legal obligation to make sure their premises are safe for guests. One important aspect of this duty is security.
If you are injured because a property owner failed to take sufficient security measures, you may sue them for your damages. What this looks like varies from case to case, but it often involves people injured because of violence from others that security measures could have prevented. Surveillance cameras, security lighting, and security guards are just a few examples of security measures the defendant might have failed to take.
For a private, free case assessment, call our South Carolina personal injury lawyers with Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Who is Responsible for Negligent Security?
While businesses are often involved in negligent security cases, they are not the only ones. In general, property owners may be implicated in cases of negligent security, even if they are not a business.
Property owners and businesses are often responsible when they are aware of unsafe conditions or circumstances that require security measures and choose not to implement them.
For example, suppose you were violently robbed in a dark parking garage, and the attacker managed to sneak up on you because it was so dimly lit. In that case, you might sue the garage owner for failing to employ adequate security measures, such as security lighting.
Many of these cases revolve around alcohol and nightlife. Another example: if a bar is located in a neighborhood with a known high crime rate, the bar may be liable for injuries resulting from a lack of security measures, such as bouncers or guards.
How to Prove Negligent Security in South Carolina
To successfully prove negligent security claims, our Columbia, SC personal injury lawyers must prove the following legal elements in your case.
Defendant’s Duty of Care
First, we must prove that the defendant had a duty to provide security. This stems from the duty of all property owners to make sure the premises are safe for guests, customers, or patrons from others who are known to be dangerous. If security is needed to keep people safe, a property owner may be said to have a legal obligation to provide security.
Breach of Defendant’s Duty of Care
Next, we must prove that there was a lack of security or that existing security was inadequate. We may rely on evidence such as the defendant’s business records, witness testimony, and your own testimony regarding the security measures employed, if any.
Inadequate Security Directly Caused Your Injuries
We must then demonstrate that the lack of security directly caused or contributed to the incident that injured you. For example, in very crowded spaces, like nightclubs or concert venues, crowd control measures are necessary to keep people safe.
Suppose no crowd control security measures are taken (e.g., barriers, security guards), and you are injured due to large crowds. In that case, we may argue that your injuries are a direct result of the defendant’s negligence.
Foreseeability of Harm
Ultimately, we must demonstrate that the harm you experienced was reasonably foreseeable. Being robbed in a neighborhood with dangerously high crime rates or a parking garage with a rash of recent robberies is a foreseeable consequence of a lack of security. If the harm is something so unpredictable that nobody could have seen it coming, it might not be considered reasonably foreseeable.
Evidence of Negligent Security
To prove that the defendant failed to implement adequate security measures, thereby causing your injuries, we require the strongest evidence available.
Surveillance Footage
If security cameras were in the area, they might have recorded the accident on video. Often, negligent defendants do not have security cameras, but other nearby businesses or homes may have them, and we may be able to obtain security videos from them.
Business Records
We should also request copies of the defendant’s business records. They might shed light on whether they employed security guards or took other security measures.
Crime Statistics
We may need to prove that the area around the business was so dangerous that certain security measures were necessary. For example, official crime rates and statistics of the area can help us prove that security was necessary for your safety.
When You Must File a Lawsuit for Injuries from Negligent Security in South Carolina
To sue for negligent security, we must file your case before the limitation period on your claim expires. The statute of limitations, under S.C. Code Ann. § 15-3-530(5), gives us only 3 years from the date of the accident or incident to file the case in court. If we do not file on time, you might be unable to sue for your injuries.
Frequently Asked Questions About Injuries from Negligent Security in South Carolina
Can I Sue for Injuries from Negligent Security?
You may sue if you were injured because of negligent security. The identity of the person responsible may depend on how you were injured, so check with a lawyer first.
What Does a Negligent Security Claim Look Like?
Negligent security might take various forms. Dim lighting in dark spaces, a lack of security cameras, the absence of security guards, and other security measures that are clearly ineffective may constitute negligent security.
How Do I Prove That Security was Inadequate?
To prove that security was inadequate, you must show why it was needed. Many cases are related to poor security in areas with high crime rates. Showing crime statistics for the area might help prove that security measures were lacking.
Who is Responsible for Injuries from Negligent Security?
While you can sue the person who assaulted you, the owner of the property where the assault occurred may also be partially responsible if their negligently inadequate security measures contributed to the incident. Often, business owners have greater financial resources with which to cover damages, and including them in your case is wise.
How Do I Know I Have a Negligent Security Claim?
You may have a valid claim for injuries caused by negligent security if your injuries would not have occurred if not for the defendant’s inadequate security measures.
What Kind of Compensation Can I Receive for Injuries from Negligent Security?
You may claim various damages that would normally be available in most personal injury claims. Medical bills, lost wages, pain and suffering, and similar damages are all on the table.
Call Our South Carolina Personal Injury Lawyers for Help Now
For a private, free case assessment, call our Orangeburg, SC personal injury lawyers with Burriss Ridgeway Injury Lawyers at (803) 451-4000.
