Austin Negligent Security Lawyer

What Is Negligent Security?

In personal injury law, “negligence” means any act or failure to act that does not meet the individual’s required duty of care. In other words, anything that a reasonably prudent person would not have done in the same or similar circumstances. 

Negligent security means that a property owner, controller or manager has failed to provide the right amount of security to protect guests, visitors and tenants from foreseeable criminal activity. Inadequate security measures may include:

• Not enough surveillance in high-crime areas
• No security guards or untrained guards
• Failing to change locks or repair broken locks
• Faulty security alarms or cameras
• Poor lighting in parking lots or parking garages
• Inadequate fencing or barriers around a property
• Failing to warn visitors of known criminal threats

What counts as adequate security depends on the circumstances. The owner of a hotel, for example, must ensure secure guest rooms, while a school is responsible for restricting visitors on campus. A property owner in Austin must do what a reasonable party would to protect vulnerable property guests in the same situation.

Legal Elements of a Negligent Security Claim in Austin

A negligent security claim is a type of premises liability case that can be filed in Austin if an individual suffers harm due to inadequate safety measures on someone else’s property. Certain legal elements must be proven by the injured party to secure justice and compensation:

• Duty of care: the defendant or accused party had a legal obligation to provide reasonable security measures to protect lawful visitors, guests or employees.

• Breach of duty: the defendant failed to fulfill the duty by not providing reasonable or adequate security measures.

• Foreseeability of harm: the harm or criminal act was probable or likely to happen based on the location of the property or prior incidents.

• Causation: there is a direct link between the defendant’s failure to meet the duty of care and the victim’s injuries or damages.

• Damages: the plaintiff must have suffered actual harm as a result of the incident, such as physical injuries or emotional distress.

The elements of a negligent security case must be proven as more likely to be true than not true for a successful case. It is important to hire an attorney to help you gather evidence, prove your case and overcome any challenges that may arise, such as a property owner in Austin disputing liability.