Inadequate security in premises liability law has been around for some time now but this concept in tort litigation has not been frequently in use.
Through this legal concept, victims can sue a property owner for failing to provide reasonable measures against foreseeable crimes.
This is especially true for invitees or people who are in the premises of the property for the benefit of the owner.
This includes customers, clients, patrons and tenants.
The most common incidents that use this concept are related to sexual assault and even rape on establishments like motels, parking areas and apartment units.
This legal concept charges the property or establishment owners with the responsibility of keeping the people in their premises safe from third party criminal acts or face civil liability.
If you must know, the damages awarded in this type cases are quite high and can reach to hundred thousand or even millions of dollars
In inadequate security premises liability cases, the most heated contention between the plaintiff's and the dependant is the foreseeability of the crime.
The burden of proof will fall on the victim while the defendant will argue that the incident is an independent and isolated case that could not have been reasonably predicted.
However, proving foreseeability of a crime does not mean the victim has to prove that the defendant has knowledge of when the crime will happen and who will commit it.
What foreseeability means is that the property owner should take into consideration the possible occurrence of crime when running his operations.
Deceptive Trade Practices
Another concept frequently used in these types of cases is "deceptive trade practices."
This is used when the property owner has violated federal and/or state consumer protection laws or when the property owner engages in deceptive and unfair practices, which leads to a crime that injures a person on the property.
An example would be a property owner promising more than what a security system can provide even with the knowledge of its limits.
Avoiding Inadequate Security Premises Liability Lawsuits
The key is to provide reasonable measures that will prevent foreseeable crimes.
Even if a crime does occur, you can still prove that adequate measures have been provided even if they were breached.
To provide adequate security in the property, the simplest step to take is to review the hazards and provide adequate solutions.
You should also make regular inspections to see if new hazards appeared or if there are some things you can do to improve security.