Are property
owners required to “protect” me when I’m on their
property?
What are
considered reasonable precautions?
What business
locations should be providing security to their patrons?
What types of
criminal activities occur at businesses such as these?
What are
some of the reasonable safety precautions that a landlord
can take to keep its tenants safe?
Do I need an
attorney for this type of case?
How can I be
sure that I’m protected on a business owner’s property?
Under what
circumstances do inadequate security cases arise?
So, a
business must guarantee my safety, correct?
What type
of questions is a court likely to ask in this type of
case?
Are
property owners required to “protect” me when I’m on their
property?
Yes. Often times, property owners receive economic benefit
from your presence. Therefore, reasonable and necessary
precautions to protect you, are expected. An owner does
not have to guarantee your safety, but he or she does have
to provide reasonable safety precautions.
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What are considered reasonable precautions?
Reasonable precautions include: warnings, adequate
lighting, cameras, sufficient personnel, security systems,
security guards, limited access and other means necessary
for the time and the area. More security is needed at
night, and obviously, a high crime area needs more
attention than a lower crime area.
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What business locations should be
providing security to their patrons?
Apartment buildings, hotels, motels, parking areas,
shopping malls, bars, schools, night clubs, etc.
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What types of criminal activities occur at
businesses such as these?
Any crime can happen, but most frequently, assaults,
sexual assaults, gunshots, robbery and dog bites occur.
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What are some of the reasonable safety
precautions that a landlord can take to keep its tenants
safe?
Landlords should provide minimum safety equipment, such as
peepholes, deadbolts, window locks and safety glass. There
may be additional equipment required by your particular
city. Call your local housing department or city manager
to find out what these may be in your area.
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Do I need an attorney for this type of
case?
These cases should be reviewed by an experienced attorney
who is well versed in inadequate security litigation. An
attorney will be able to determine responsible parties,
whether or not you have a legitimate claim and how much
the case may be worth.
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How can I be sure that I’m protected on a
business owner’s property?
Analyze the building and property that you’re on…
entrances, lighting and windows. View it from the
perspective of a criminal. Is there easy access, dark
areas, previous criminal activity nearby, etc. Report any
concerns you have to the owners. Taking these extra
measures may insure your future safety and the safety of
others.
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Under what circumstances do inadequate
security cases arise?
Premises security claims arise when someone suffers an
injury or loss in violation of the theory that an
individual should be reasonably safe in a business,
residential, or recreational environment. Compensation for
such loss due to negligence will only be awarded if there
has been appropriate warning to the owner of the probable
danger and the owner fails to take reasonable measures to
reduce the danger.
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So, a business must guarantee my safety,
correct?
No; that is incorrect. An owner cannot guarantee that
injury or loss will not occur, but they cannot ignore
evidence and fail to correct a problem that may result in
an injury or loss. If they do, they may have a claim of
negligence filed against them.
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What type of questions is a court likely
to ask in this type of case?
· Did the property owner owe a legal duty to the customer?
· Did the property owner violate this duty?
· Did the customer suffer an injury or loss as a direct
result of the lack of safety precautions?
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