Lots of places utilize some means of security to help ensure the safety of customers, patrons, or guests. In some cases, these security measures are not just precautions but are necessary for safety. If you are injured because a property owner failed to implement adequate security measures, you may be able to sue them for your damages.
It may be possible to sue someone for causing your injuries through inadequate security. This is a branch of premises liability law, and victims often sue property owners and businesses. To prove these claims, we must demonstrate that the defendant that the defendant failed to implement adequate security measures to prevent foreseeable danger. Exactly what this looks like will vary from case to case. Many cases involving negligent security stem from injuries that occur at places such as bars, nightclubs, concert venues, and parking lots or garages.
Receive a private, free case analysis by calling our NJ personal injury attorneys with Agrapidis & Maroules, P.C. at (201) 777-1111.
Suing for Injuries Caused by Poor Security in NJ
When a person is injured, they can typically sue the person directly responsible. For example, if you are injured in a car accident, you may sue the other driver, depending on your insurance. If you are injured due to negligent or inadequate security measures, you may sue both the person who caused the injury and the person responsible for providing security.
When suing for injuries caused by negligent security, our NJ personal injury attorneys must be ready to prove that a very specific set of circumstances existed around your accident. For example, the accident must have happened on another person’s or business’s premises, and they must have known that certain accidents or risks were not only possible, but likely.
We must also show that your accident happened as a direct result of the defendant’s failure to implement adequate security measures. If your injuries are completely unrelated to security, we might have to reconsider how we approach your case.
What You Need to Prove When Suing for Injuries from Negligent Security
Suing for injuries caused by inadequate security requires that we prove several key elements.
Since cases involving negligent security are a branch of premises liability law, we must prove property ownership or responsibility. For example, if a drunk, angry bar patron injured you because the security guard on duty failed to intervene despite ample opportunity to do so, we must prove that the defendant (i.e., the bar) was responsible for providing security on the premises.
Next, we must prove that there was a foreseeable dangerous situation. The defendant must be aware that adequate security is necessary for real and articulable reasons. For example, if the owner of a private parking garage knows that robberies and carjackings are common in the area, or that they have happened in their garage before, they may have a duty to provide better security.
We must also show that the security provided was inadequate to provide safety and protection. Bright safety lighting in a dark parking garage in a dangerous neighborhood may be considered adequate. Dim lights or perhaps no lights at all may be considered inadequate.
Who You Can Sue for Injuries Caused by Inadequate Security in NJ
In many cases involving negligent or inadequate security, plaintiffs may sue the owners of the business or property where the injuries occurred.
Often, the defendant is a business owner. For example, you might sue a bar or nightclub for providing inadequate security, knowing that fights and scuffles happen frequently, especially when more alcohol is involved.
Common examples of defendants include places where there may be large crowds and alcohol. Bars, nightclubs, and concert venues commonly have security in place for these reasons. However, defendants also often come from places where danger is more prevalent. For example, a nightclub in a neighborhood with high crime rates might be responsible if you were attacked because of inadequate security measures.
What Are Foreseeably Dangerous Circumstances That May Require Security?
A key element in your case is proving that you were injured due to inadequate security, despite a reasonably foreseeable danger. Exactly what this looks like varies from case to case.
Many cases involve injuries from violent crimes in areas with high crime rates. Certain businesses in these areas may need to implement certain security measures for the safety of patrons. This may include security cameras, safety lighting, or even security guards or bouncers.
Another common example is large crowds. When very large groups of people gather, such as for concerts, sporting events, or in movie theaters, there must be security measures regarding crowd control. If crowds cannot move about safely, people may get hurt.
Evidence to Prove Negligent Security
Any civil claim for damages requires proof. We must have evidence to support your claims, and the evidence will depend on your specific situation and circumstances.
First, we need evidence of whatever security measures were implemented when you were injured. Was there a security guard? Was there safety lighting? If any security measures existed, we need evidence. Not only that, but we must show how these security measures were inadequate.
Witnesses from when you were injured may be incredibly important. They can testify about what was going on and whether there were adequate safety measures. We can also point to crime statistics in the area, which may be necessary if you were injured because of a violent crime.
What if I am Injured with Lots of Security Present?
Even when security measures are implemented, business owners might still be held liable for injuries. The mere fact that security was present does not mean that security was adequate.
What makes security inadequate? Even with lots of security measures in place, it might still be considered inadequate depending on the circumstances and what kind of harm was foreseeable. Poor lighting in dark areas, poorly trained security guards, and poor crowd control measures may mean that existing security is still inadequate.
If you were injured despite the presence of ample security, you might have to reconsider how you approach your case. You might not be able to sue a property owner or business in charge of security, but we can still help you sue the person or people directly responsible for your injuries.
Call Our NJ Personal Injury Lawyers to Get Legal Help Now
Receive a private, free case analysis by calling our Fair Lawn, NJ personal injury attorneys with Agrapidis & Maroules, P.C. at (201) 777-1111.