Inadequate Security Claims – Holding Owners Accountable for Safety
When you go into a store to shop, you probably don't think of it as a contract, but in fact, it is. Although unspoken, there is a mutual understanding between the customer and business that the premises is safe and all reasonable preventative efforts to avert harm has been done.
Of course, unforeseeable dangers do arise, but when a business fails to protect their customers from these risks once they have been discovered, they commit a type of neglect called inadequate security.
Cases of inadequate securityare lawsuits filed against a business proprietor because of their failure to provide reasonable security measures to their customers from unlawful activity.
What's considered inadequate security?
An example of inadequate security is if a shopper is assaulted in the parking lot of a business and is seriously injured as a result. The business was aware of this danger, as an assault has occurred before, but they took no action to prevent another assault.
In this case, the business should be held partly liable for the injuries.
No matter where you go, you can never guarantee safety. Serious injury or even death because of inadequate security can happen almost anywhere, including:
- Shopping centers/malls
- Grocery stores
- Restaurants
- Movie theaters
- At work
- Hotels/motels
Inadequate security claims can also be filed against an apartment complex. However, these cases are typically more complicated, so contact a personal injury attorney as soon as possible to discuss your legal options regarding claims against landlords or property owners.
Establishing Fault
In general, businesses are not held financially liable for spontaneous crime that occurs on their property. But if the court determines that there has been a pattern of criminal behavior, or if the nature of the business makes it particularly susceptible to crime, then a legal obligation to protect customers may be imposed on the business.
Failure to comply with this obligation is negligence.
Personal injury attorneys at Gilreath & Associates were instrumental in launching a Supreme Court case (McClung v. Delta Square Limited Partnership) which established the rules to follow when proving inadequate security.
Based on this case, the factors to be considered are:
- The number, frequency, and nature of criminal activity reported to police
- Management's acknowledgement of security shortcomings and failures
- The degree of potential harm to the patrons given the nature of the crimes
- Whether imposing security measures on management or proprietor would cause undue economic hardship
Tennessee Attorneys Fighting for You
We know that nothing could compensate you for the pain and suffering of a serious injury or losing a loved one, but Gilreath personal injury attorneys are the best in the state at proving fault in inadequate security cases and getting victims the compensation they justly deserve.
If you believe that a business or proprietor was negligent in providing you or a loved one reasonable security from crime, contact a Tennessee inadequate security lawyer at Gilreath & Associates to discuss your case today.
