Proving negligent security after an assault on a public property

Unfortunately, assaults and muggings occur frequently at night clubs and other public places. As a general rule, property owners are liable for the safety of their premises. When someone gets hurt on their properties, they are legally responsible to cover the costs of medical expenses and other damages that result from lack of adequate security.

However, lawsuits based on negligent security are complicated and difficult to win. Learn more about some of the challenges of negligent security cases and how you can win your case.

The Biggest Challenge In Negligent Security Claims: Foreseeability

One of the biggest challenges in negligent security claims is foreseeability. For a property owner to be held liable in a premises liability claim like a grocery store slip and fall, the plaintiff has to establish that the property owner (or manager) knew or should have known about the dangerous condition that led to the fall.

Proving foreseeability becomes complicated when someone else causes the injuries or damages, as in the case of a mugging or an assault. While night club can face premises liability claims for negligent security that results in injuries or losses to their visitors, they cannot be expected to prevent every possible incident.

So to win a negligent security case, you must show that the property owner should have been able to foresee that this type of incident was likely to occur. Some examples of foreseeability can include:

  • A history of violence in the neighborhood
  • An incident inside the nightclub that could have suggested that violence would likely occur
  • Obvious negligence in the security systems

A lawyer with negligent security claim experience can establish the foreseeability necessary to win this type of claim. If you have been injured at a public place in a mugging or assault that could have been avoided with adequate security, talk with an experienced attorney.