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.

If you or a loved one is injured in an attack on someone else's property, you should contact an experienced personal injury attorney immediately to discuss your legal remedies.

Terrorist Attacks

The attacks of September 11th ushered in a new set of safety considerations for property owners and a tragic new set of potential negligent security plaintiffs. If a landowner knows or should know its property is particularly attractive or susceptible to attack, but fails to take appropriate security measures or issue proper warnings, he or she may be found liable under the negligent security doctrine. If an attack occurs on a building because of its high visibility or because of an effort to victimize a particular tenant, the building owner or property agent may face responsibility for any ensuing injuries under the rules of landowner responsibility established by negligent security law.

Attacks in Cyberspace

Two types of attacks in cyberspace may qualify for negligent security claims: sexual predator attacks and identity theft. The host of a Web site may be exposed to liability because of activity that occurs in chat rooms and other sites. Specifically, pedophiles and other sexual predators use cyberspace as a means for preying on victims. Chat rooms and Web site hosts who facilitate contact between predator and victim may face allegations that the chat room and site content made it reasonably foreseeable that an ensuing criminal attack could occur.

With the increase in the amount of personal information stored electronically by businesses, universities and others, unauthorized access to this information can rise to the level of a negligent security claim. Those storing personal information, like social security numbers, have a duty to take reasonable steps to protect against foreseeable harm by maintaining the computer systems and networks where this information is stored. Internet hackers, viruses and other breaches of security may be considered foreseeable risks and expose these institutions to liability for negligent security.

Megan's Law Failures

Megan's Law is a federal law that requires release of information about certain sexual offenders to the community. In addition, some states have their own version of the law that requires active notification of residents by certain state agencies when a released sexual predator relocates into a neighborhood.

The dictates of Megan's Law, as well as knowledge received under a given state's active notification requirements, may give rise to a negligent security claim against a landlord for an attack by a known sex offender. If a landlord is aware of the presence of a registered sex offender in the neighborhood, he or she may have a duty to warn of the risk associated with such an individual or provide adequate security against them.

Conclusion

An attorney with experience in the area of negligent security will help you determine whether anyone in control of the premises where your injury occurred bears responsibility for protecting you from the attack. Advancements in negligent security law may make it possible for you to recover for your injuries for dangers not contemplated even 10 years ago. Contact an experienced attorney in your area to evaluate your negligent security claim today.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.