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What is negligent security and what should you do if you are guilty of it?

According to most state laws, property owners are required to take reasonable steps for the protection of employees, customers or residents from harm that is likely to happen. It is the responsibility of employers to provide their employees with a safe workplace.

In case of failure of provision of sufficient security by property owners, the person who underwent injury or loss has the right to file a lawsuit claiming “negligent security” against the property owner. The plaintiff may be granted settlement ranging from a few hundreds to millions of dollars. The defendants might require a huge sum of money to defend themselves against these allegations even if they eventually win.

The court determines whether the crime or accident resulting in injury was foreseeable and if it was, whether steps by the employer or property owner were taken for prevention of the event. There are no laws or standards fixed for regulation of security measures so juries and courts depend on the testimony of security experts to conclude whether an event was “foreseeable” and “reasonable”.

The absolute prevention of any negligent security lawsuit being alleged against your company is impossible. However, if the company has a well-established security system, the allegations can be reduced and chances of defense against a fatuous lawsuit also increase.

Analysis of a negligent security case mostly discloses deficiencies in the security system that provides the basis for a majority of lawsuits. In order to save yourself from “negligent security” lawsuits, you should learn about the deficiencies in your security system in advance and establish a better security system for your organization.

Some deficiencies in the security programs are mentioned below. It should be known that one of these deficiencies is not enough to establish a negligence case against the organization but it should be seen as a warning that requires attention:

  • Insufficient or out-of-date security procedures and system.
  • Inconsistency in following security measures.
  • Insufficient training of the employee.
  • Inadequate physical security procedures.
  • Inadequate security staff.
  • Absence of awareness regarding the present crime conditions at a property and in the neighboring community.
  • Poor maintenance of facilities like broken locks and doors etc.
  • Poor lighting conditions in the building, especially at entrances.
  • Failure to consider complaints regarding crime or security.
  • Inefficiency while taking action against workplace violence threats.
  • Irregularities in the security systems like availability of cameras in only one part of the facility for budgetary reasons.
  • False representation of the security conditions that are provided. For instance, use of statements like “entirely safe”, “free of crime” or “24 Hour Surveillance” while actually they are not.
  • Minimizing the security level at the facility to avoid expenses while there is no consistent reduction in the security threat.
  • Failure to recognize the level of crime in the neighboring area and lack of adequate enhancements in the security system of the facility.
  • Lack of ability to provide a security level that is equivalent to or better than the security provided in the surrounding facilities.
  • Inadequate protection of confidential information like credit information, employee records, medical data etc.

Victims of negligent security may want to get help from a negligent security lawyer.

Author Bio:

Top Gun DUI Defense Attorney Myles L. Berman and his team provide compassionate and strong representation for DUI.


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