Breaking Down The Differences Between Negligent Security & Premises Liability
Anyone who has suffered from a personal injury should understand the various legal concepts that can affect their claim. Assuming they are synonymous, two common terms people use interchangeably are premises liability and negligent security. By the end of this blog, you have a clearer understanding of these two legal terms and how they are relevant to personal injury law. The namesake for The Law Offices of William C. Robinson has over 35 years of experience, and we are proud to be able to deliver the type of valuable information that will keep you safe and protect your future claims.
Premises Liability
Premises liability speaks to the legal responsibility of a property to maintain a safe environment for either guests or visitors. In a case that centers on premises liability, the critical element is whether the property owner failed to uphold their duty of care. The degree of care depends on the relationship between the property owners and the parties on their property.
The highest level is owed to invitees. These people are invited onto the property for business reasons, such as clients in an office or customers of a business.
One level below that is for licensees. These people go onto someone else’s property with permission but do so for their own reasons. For example, think of people invited to someone’s home for a social gathering. The owner should alert the guests if there are known dangers, such as a dog or iced-over steps (in places outside of Florida).
The lowest level of duty is to trespassers.
When you have a premises liability claim, the owner fails the duty. Their breach of duty was because they either didn’t address a dangerous condition or inform others of it. Because of this, the hazardous condition directly caused the injury, and the victim suffered harm. This could be in the form of physical injuries, lost wages, and medical bills.
Negligent Security
Negligent security, by contrast, centers on the duty of property owners to provide adequate security measures to protect people from foreseeable harm by third parties. Typically, this is when a person is injured because of a criminal act. For example, think of someone injured because of an assault, robbery, or other violence that could have been avoided had the proper security measures been in place.
Like premises liability, a duty of care is still present. Did the property owner have the duty to create security measures, and did they fail to meet them because they didn’t implement them? They may also breach their duty by not warning someone of potential risk. Another critical difference between premises liability and negligent security is that the latter should have reasonably foreseen that the lack of security measures would lead to harm. Lastly, like premises liability, the inadequate security measures contributed to the victim’s injury, and the injured person suffered from harm (i.e., injuries, emotional distress, or financial losses).
Let Our Experience Be Your Asset
Navigating personal injury cases that involve premises liability or negligent security can be complex. Throughout his 35 years of experience, attorney William C. Robinson has assisted clients with their personal injury claims and has fought for their right to fair compensation. If you or a loved one has been injured due to someone’s negligence, don’t hesitate to contact legal counsel. Contact our office today to set up your free consultation. In personal injury cases, time is critical. By promptly speaking with an attorney, you protect your rights and increase your chance of a favorable outcome.
