When visiting places like shopping centers, restaurants, entertainment venues, or other community spots, we anticipate that the owners or managers of these properties will take the necessary precautions to ensure our safety. However, there are instances where the failure of a property owner or lessee to protect individuals from foreseeable criminal actions results in harm or fatalities due to assaults or crimes committed by third parties.

It's possible that several parties could be at fault if a criminal act recently affected you. Beyond the perpetrator, the property owner might also be liable for failing to maintain a safe environment, potentially leading to a claim for negligent security.

Negligent security claims in Pennsylvania allow victims of crimes to seek compensation when the absence of proper security measures, such as inadequate surveillance, a lack of proper security personnel training, or insufficient lighting, contributes to their victimization. Establishing liability in these cases can be more complex than in standard premises liability situations.

The following article provides an overview of how negligent security claims work in Pennsylvania, including scenarios that could result in property owner liability and other critical details about this legal area. Consulting with an experienced personal injury lawyer, especially one with expertise in negligent security cases in Pennsylvania, is crucial. For a free consultation, contact the attorneys at Brandon J. Broderick today. Our experts have the knowledge and experience to help you.

An Explanation of Negligent Security in Pennsylvania

Pennsylvania's laws firmly mandate that property owners must safeguard the public from harm. In evaluating premises liability claims, the focus is on what the responsible party knew or ought to have known about any dangerous conditions, a principle often tied to the concept of negligence.

Negligence is essentially the failure to prevent an accident that a reasonable person would have foreseen. It is a cornerstone of premises liability law, typically forming the basis of legal action and outlining the basic duty of care. Sometimes, the concept of gross negligence also comes into play in these claims.

Gross negligence goes a step beyond simple negligence by suggesting that if a party is clearly aware of a danger but chooses not to address it, they are intentionally neglecting their obligation to protect the public. Unlike negligence, which is generally accidental, gross negligence is often viewed as deliberate.

Claims related to inadequate or negligent security may encompass allegations of negligence, gross negligence, and negligent hiring. It's not unusual in these cases for there to be multiple defendants, each bearing a degree of responsibility.

Specific to Pennsylvania, the law introduces the idea of comparative negligence in premises liability, considering circumstances that might diminish or absolve property owners of negligence liability. This principle essentially means that a defendant may not be fully liable for negligence if the plaintiff also had a part in causing their own harm.

For instance, if someone disregards a warning sign for a wet floor and then experiences a fall, the property owner cannot be solely blamed for all associated damages. If a court finds the plaintiff more than 50 percent responsible, they cannot recover any damages from the defendant, no matter the injury's severity.

Negligent Security Lawsuits in Pennsylvania

You might have grounds for a negligent security lawsuit in Pennsylvania if you were a victim of a crime on someone else's property and their failure to take reasonable safety precautions required by their duty of care contributed to the harm you endured.

Negligent security is a specialized category within premises liability law. It addresses cases where an individual falls victim to a crime that could have been prevented with adequate security measures by the property owner.

Crimes typically associated with negligent security encompass sexual assaults, shootings, physical attacks, robbery, and other violent offenses. However, experiencing a crime on someone’s property does not automatically entitle you to pursue a negligent security lawsuit. Our premises liability attorneys in Pennsylvania will evaluate your situation to determine if the property owner failed to implement necessary security protocols, which can vary depending on the circumstances.

In Pennsylvania, property and business owners are charged with the task of assessing the potential for criminal acts on their premises and taking appropriate steps to mitigate such risks. Security measures adequate for one location may not suffice in areas with a heightened risk of violent crime.

The presence of violent crime in the past, whether directly on the property or in its vicinity, strongly indicates the necessity for enhanced security measures. High-traffic zones and social gathering spots are expected to have preventive security measures in place, but this may also apply to less crowded areas where individuals might be at risk while alone.

Examples of inadequate security might include:

  • Insufficient lighting
  • Lack of security personnel or inadequate security presence
  • Absence of cameras or surveillance systems
  • There is no system for screening visitors or employees
  • Failure to remove intoxicated individuals
  • Missing or no warning signs
  • Open or unsecured entryways and exits

Lapses in security can lead to incidents across Pennsylvania, as violent crimes can take place in nearly any setting.

However, certain locations frequently encounter issues with security negligence, which include:

  • Parking facilities
  • ATM locations
  • Apartment complexes
  • Recreational areas like parks and amusement parks
  • Public transport hubs such as train and bus stations
  • Commercial buildings
  • Nightlife venues, bars and dining establishments

Should an individual suffer personal injury due to insufficient security, they might have grounds for a premises liability lawsuit against the responsible property owner or entity. In such situations, it's crucial to seek guidance from a skilled Pennsylvania inadequate security attorney promptly. Legal professionals can evaluate your situation to determine the viability of a claim.

Proving that a property owner or business failed to ensure adequate security could qualify you for compensation covering medical bills, lost earnings, rehabilitation expenses, emotional trauma, as well as pain and suffering.

Methods for Establishing Liability and Achieving Success in a Negligent Security Lawsuit in Pennsylvania

Establishing a case for negligent security involves a more intricate process than typical premises liability cases, which requires proof that the defendant could have anticipated the criminal act and should have implemented adequate security measures. Property or business owners are legally mandated to maintain their premises with adequate security to prevent foreseeable criminal acts, a critical factor in establishing a claim for negligent security.

The specifics of negligent security laws may differ from one state to another. Although, the essential elements you need to prove remain consistent:

  • The defendant was required by law to maintain the property's security.
  • The defendant failed to put in place the necessary security protocols.
  • The lack of security resulted in the plaintiff being exposed to harm.

Legal representatives need to prove that the victim was harmed, or worse, because the property owner neglected to enact essential safety precautions to avert a predictable assault.

If you have been the target of a violent crime, proving negligent security could involve showing that the location has a history of violence and continues to be a hotspot for criminal acts.

Evidence to support this might include:

  • Official police reports documenting violent crimes at the venue
  • Testimonies from individuals who have witnessed violent incidents there
  • Records of previous legal actions stemming from criminal events on the premises

Should an individual suffer personal injury due to insufficient security, they might have grounds for a premises liability lawsuit against the responsible property owner or entity. In such situations, it's crucial to seek guidance from a skilled Pennsylvania negligent security attorney promptly. A personal injury attorney in PA can evaluate your situation to determine the viability of a claim.

In Pennsylvania, What Is the Statute of Limitations for a Negligent Security Lawsuit?

The timeline for initiating a negligent security legal action in Pennsylvania aligns with the personal injury lawsuit filing deadline.

Individuals looking to pursue negligent security claims in Pennsylvania must file within two years from the injury date. Prompt action is crucial, given the inherent challenges of proving a property owner's liability. Delays in filing can further complicate your case. Failing to file within the two-year period after the incident means forfeiting the chance to obtain compensation from the property owner.

An Attorney at Brandon J. Broderick Is Ready To Assist You Day or Night With Your PA Negligent Security Claim

In Pennsylvania, if insufficient security caused your injury on another person's property, do not attempt to navigate the complexities of your claim on your own. Our experienced Pennsylvania negligent security attorneys are adept at protecting the rights of those injured due to property owner negligence. With a deep understanding of premises liability law in Pennsylvania, we're prepared to diligently assess your case, advocate for the maximum compensation you deserve, and guide you through every step of the legal process.

Brandon J. Broderick has a proven track record of success in securing justice for victims of negligent security. Contact us today to ensure your rights are protected and to receive a free consultation. We are available around-the-clock to assist you.

Posted by: Brandon J. Bro…
Date: Wed, 05/15/2024 - 21:32

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