Property owners of both private and public premises are required to take the effective steps necessary to ensure visitors and patrons are protected. Security is considered to be negligent or inadequate if the property owner falls short of implementing the appropriate safety protocols. Property owners who fail to follow these safety procedures are putting unknowing visitors at risk of assault, robbery or any other unprovoked attack. If an injury occurs because of the property owner’s security shortcomings, then they could be held liable for any damages the injured has suffered since the event.
If you were attacked on another’s property due to their lack of security, then it’s recommended you seek a personal injury attorney. You may be entitled to some sort of compensation as a result of the damages you’ve suffered since the injury. This compensation can be used to help ease your anguish you’ve experienced since the incident by covering medical costs, handicap expenses, lost wages and possible counseling. Find out what your legal options are and if you should pursue compensation by speaking to a reputable attorney today.
Negligent Security Claims Lawyer in Cincinnati, Ohio
House guests, retail patrons, sports fans, movie goers, restaurant comers and more never expect to be in fear for their life when entering a public property. That is because we expect property owners to have implemented and maintained practical and reasonable security measures to minimize the risk of an unprovoked attack. Property owners who fail to provide adequate security could be held legally responsible if an attack that causes injury occurs.
If you’ve been injured on another’s property due to negligent security, we urge you to gain legal representation with Steiden Law Offices. Eric Steiden and his team at Steiden Law Offices are reputable among the legal community and are passionate about representing victims of negligent security. With decades of personal injury experience, you can trust the attorneys at Steiden Law Offices to guide you through this legal process so you can recover with ease. You can learn more about our practice and your available legal options by contacting Steiden Law Offices at .
Our firm has two offices in Cincinnati and two locations in Northern Kentucky, which is in the cities of Covington and Florence.
He also represents people throughout the following counties including: Kenton County, Boone County, Campbell County, Gallatin County, Grant County, Pendleton County, Bracken County, Robertson County, Mason County, in Kentucky, along with those who reside in Hamilton County, Butler County, Clermont County, Warren County, Clinton County, Montgomery County, Greene County, Preble County, Darke County, Highlands County, Miami County, Shelby County, Champaign County, Clark County, Brown County, Adams County, Lawrence County, and Scioto County, Ohio.
- Definition of Negligent Security in Premise Liability
- Examples of Negligent Security in Personal Injury
- Liability for Negligent Security in OH & KY
- What is Foreseeability in Premise Liability?
- Additional Resources
Definition of Negligent Security in Premise Liability
All types of property owners in Ohio and Kentucky are obligated to protect their visitors from any sort of foreseeable harm, including possible criminal activity. To minimize the risk of an attack, the premise must have adequate security measures designed to protect visitors or patrons. These safety measures must be designed to hinder or expose trespassers or criminal third parties. Failure to implement them could means the property owner has negligent security and may be held liable for any damages the visitor sustained since the attack.
Property owners must provide a duty of care to invitees and licensees who enter their property. The legal duties for property owners to invitees and licensees regarding negligent security include the following:
- Using reasonable care to look & discover any dangers that are present on the property;
- Using reasonable care to maintain a safe environment for invitees and licensees;
- Warning invitees of any possible concealed danger that they might not otherwise know in an exercise of reasonable care; and
- Taking reasonable steps to adequately resolve a dangerous hazard that could result in negligent security
Injuries related to negligent security stem from senseless and foreseeable attacks and crime on the property. Attacks that could have been avoided if the property owner had implemented satisfactory security measures. Some examples of attacks that can happen due to negligent security include, but are not limited to:
- Sexual Assault;
- Unprovoked attacks;
- Overzealous security; and
Examples of Negligent Security in Personal Injury
Lax security measures unfortunately attract unscrupulous people, which can lead to crime. Property owners who don’t take the time implement sufficient security measures are putting their patrons at risk of crimes such as robbery or assault. Some examples of negligent security that could result in injury include the following:
- Poor lighting;
- Inadequate or lack of security personnel;
- Inadequate or lack of surveillance of the property;
- Excessive force used by hired security guards;
- Faulty or lack of alarm systems;
- Employing individuals who have a criminal background;
- Giving duplicate keys to unauthorized tenants or personnel;
- Malfunctioning security equipment such as broken fences or doors that don’t lock; or
- Failing to put in stronger security measures despite the prior history of crime in and around the commercial or residential property
Liability for Negligent Security in OH & KY
Often the liable party for a negligent security lawsuit will be the property owner. It’s the role of the property owner to ensure their invitees and licensees who visit the property are provided adequate protection. Failing to give that protection or update their measures when there’s a crime surge in the area may be seen as not providing the required duty of care.
If a person is injured as a result of security issues, then the property owner could be held liable for damages. The plaintiff can collect evidence as to why their injuries are stemmed to the property’s negligent security and then mail it alongside a demand letter. The property owner will have a limited time to respond if they will comply with the demands or contest the letter. If the defendant contests the letter, the plaintiff can then file a claim against them.
From there, both the defendant’s and plaintiff’s legal representation will negotiate whether a settlement is necessary or if they should move the case to trial. Statistics show that 95 percent of personal injury cases are settled between the two parties themselves, but in some cases a lawsuit may be necessary. If the plaintiff decides to go to trial, then their attorney can litigate reasons as to why the injury was caused by the plaintiff’s negligent security measures.
If the judge or jury agree, then the plaintiff will be awarded compensation for their damages. This monetary award will depend on the economic and intangible losses the plaintiff may have endured. Some damages a plaintiff may be able to recover if awarded a settlement include:
- Medical expenses;
- Past lost wages;
- Future lost wages;
- Permanent disability;
- Handicap accommodations;
- Loss of consortium;
- Mental anguish; and
- Pain and suffering
Foreseeability in Negligent Security Claims
To have a successful negligent security claim, the plaintiff must determine the harm was foreseeable by the defendant. The term “foreseeable” in the context of premises liability means the injury could have been avoided or anticipated ahead of time by the defendant. For instance, certain types of businesses are considered at higher risk of crime than others. Businesses handling money such as banks or financial service companies tend to be targets for criminals. Hotels or motels that are relatively inexpensive could attract shady characters and therefore are at a higher risk for crime. Properties located in high crime rate areas are much more susceptible to random attacks than businesses in low crime rate neighborhoods.
A few factors that support foreseeability include:
- If there’s been a recent rise of crime in the area;
- Direct threats made to the property, the owner of the property, or an employee;
- Awareness of a specific risk factor such as a dangerous worker or customer;
- Possible anticipated risks surrounding the owner or employees;
- History of criminal activity reported on the property; and
- The property’s purpose tends to attract criminal activity
NASCO – Visit the official website for NASCO, the National Association of Security Companies. It is the largest contract security association that represents private security companies of highly trained security personnel serving in every business sector. Learn more about state and federal legislations and regulations that affect the quality and effectiveness of private security services.
Ohio Crime Rate Map -Visit the official website for Neighborhood Scout, an online software dedicated to mapping out criminal activity around Ohio. Access the site to learn the top ten safest cities in Ohio, violent crime rates, property crime rates, and crime rate per square mile.
Premise Liability Lawyer for Negligent Security in Hamilton County, OH
Have you been injured because another person was negligent with their property’s security? If so, then we urge you get in contact with the experienced personal injury attorneys over at Steiden Law Offices. The reputable Ohio and Kentucky premise liability lawyers at Steiden Law Offices understand how traumatic it can be to recover from an attack. That is why we want to extend our services as much as we can to help you recover from your injuries. With our decades of experience, extensive resources, and network, our attorneys will work tirelessly to help you receive the compensation you deserve.
Eric Steiden and his team serve clients throughout the greater Ohio and Northern Kentucky area including Montgomery, Edgewood, Elsemere, Villa Hills, Covington, Erlanger and Fort Mitchell, and Cincinnati.