Kansas Premises Liability Attorneys
If you sustained injuries on someone else’s property, premises liability
law states that the property owner or the person responsible for maintaining
the property could be held liable for the injuries if they were a result
of a dangerous condition on the property. Negligent security is a facet
of this law, which addresses a specific unsafe condition, relating to
criminal and violent acts. For example, if you were assaulted on someone
else’s property due to a lack of security, you might be able to
file a negligent security claim.
Negligent security suits are based on the duty imposed upon landowners
or possessors of property to provide reasonable security measures that
protect lawful visitors from foreseeable crimes. This is expected of both
commercial and residential landowners, both of which have been successfully
sued for negligent security. However, their duties might differ. A college,
for example, has a duty to provide adequate security measures for students
at their dormitories. A residential tenant, on the other hand, has control
over what happens to guests inside his or her apartment, but might not
have a duty to protect guests in the complex’s parking lot.
What Do Plaintiffs Need to Prove?
If you are suing for negligent security, you will need to prove the landowner
or possessor failed to either exercise care in discovering similar prior
criminal activities or failed to provide adequate warnings to visitors.
You will also need to prove:
- You were lawfully on the defendant’s property
- The defendant breached its duty to provide reasonable security
- You were hurt as a result of a third party’s actions, which were
foreseeable by the defendant
- You would not have sustained injuries if it were not for the defendant’s
breach of duty
- You incurred actual damages
Oftentimes, the most difficult and critical issue to prove in a negligent
security case is the element of “foreseeability.” This is
usually based on whether or not there were prior crimes like the one you
suffered, in the same location, and should have been known by the defendant.
If, for example, there were a series of rapes that occurred in a mall’s
parking lot, a landowner or possessor should have been aware of it, and
foresee more rapes happening in the future. If there were no prior violent
acts, then a future violent act would not be foreseeable.
What is Adequate Security?
There is no set standard for what is considered adequate security, so this
will vary from case to case. Some common security features might include:
- Adequately trained security patrols
- Appropriate lighting
- Functioning security hardware
- Restricting the ability to produce and hand out duplicate keys to common areas
Some states allow for an inference of no negligence if a business takes
certain security measures, such as security cameras and the use of a drop safe.
Let Our Wichita Personal Injury Lawyers Recover Your Entitled Compensation
Negligent security claims can be incredibly complex since they often involve
more than a single business or government agency, each of which likely
have their own separate insurers. That is why hiring skilled and experienced
legal representation is crucial to the outcome of your case. With nearly
four decades of experience, the Wichita personal injury attorneys at Hutton
& Hutton, LLC, have recovered more than $400 million on behalf of
our clients. We have represented clients in several federal courts, as
well as courts in the District of Columbia, Florida, Illinois, Missouri,
and more. Do not hesitate to obtain the experienced counsel you deserve
to ensure the best possible outcome for your case.
Call us today at (316) 313-4730 for a free consultation.