Negligent Security - An Overview
Negligent security lawsuits are asserted by individuals who are attacked or victimized on someone else's property. Premises liability law controls negligent security claims because they arise from the ownership or control of property or "premises." Under premises liability law, it may be possible to hold liable a property owner or party responsible for maintaining the property for injuries sustained on the property if the injuries were the result of a dangerous condition on the property. While there are several circumstances that create unsafe conditions, negligent security law traditionally has addressed those unsafe conditions created by third-party attacks. New trends in negligent security law suggest that courts may be willing to extend the theory to injuries arising from terrorist attacks, originating in cyberspace and occurring at the workplace.
If you were injured in an attack or assault by a third party on someone else's land or premises, you may be entitled to recovery under the theory of negligent security.
Call today to schedule a consultation with an attorney to discuss your available legal remedies.
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Workplace Violence and Negligent Security Claims
Experts estimate that workplace violence costs American businesses between $36 and $40 billion dollars annually. On average there are 1.7 million violent victimizations committed annually against persons at work or on duty. Most incidents involve simple assaults but 6 percent of all incidents involve serious attacks, rapes, robberies or murders. A significant percentage of victims of serious workplace violence require medical attention and/or hospitalization.
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The New Negligent Security Claims
The doctrine of negligent security allows recovery by injured parties against property owners and property managers for foreseeable criminal attacks by third parties. Under now well-established rules, attacks occurring at places like apartments, hotels and motels, condominiums, bars, college and university dormitories and campuses, shopping centers and malls, private clubs, amusement parks and other public areas or buildings may give rise to a negligent security claim. Recently, courts and legal commentators have indicated that the doctrine may be extended to cover new types of attacks and associated security risks, including terrorist attacks, identity theft and cyberspace attacks and Megan's Law failures.
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Landlord Liability for Criminal Acts and Activities
Landlords in most states now have at least some degree of legal responsibility to protect their tenants from would-be assailants and thieves and from the criminal acts of fellow tenants. These legal duties stem from building codes, ordinances, statutes, and, most frequently, court decisions.
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Safety at School: Negligent Security Claims On-Campus
Each year thousands of students at universities and colleges become crime victims. More and more, college students who are victims of a criminal attack on their college or university grounds seek to hold the institution responsible for not providing adequate security on campus. By filing a negligent security claim, the student may recover damages for his or her injuries.
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