Accidents do happen, but sometimes there are protective measures to lessen the severity of the damage. Seat belts and airbags, for example, are designed to reduce the amount of damage that a victim of a car accident suffers. Crime, however, is a whole different matter, but even here there are measures in place to try to prevent serious damage from occurring.
With crimes such as theft, assault or even rape and murder, safeguards can be put in place to reduce the likelihood of them occurring or even intervene to end such situations once they have occurred. begin. However, this is only effective if the security measures are working. When they fail, victims can have legal ramifications.
Safety can be careless
People go to court for negligence when something hurts them because they don’t operate in a safe and reasonable manner. Landowners, for example, are required to maintain a safe environment for residents, employees or visitors. If risks are present in the environment that could cause damage, but property owners fail to manage those risks, they are legally responsible for any injuries resulting from ignoring that risk.
This also applies to security measures. Security precautions such as lighting, surveillance cameras, locks or access key systems and, of course, guards are all designed to make people safer. If they don’t and a crime is committed despite – or worse yet, because of – these security systems, then that is negligence.
Prove safety negligence
The key to any successful personal injury lawsuit involving negligence is to present evidence of failure. It works in three phases.
First, it must be clear what the owner’s responsibilities are in maintaining a reasonably safe environment. Negligence can only be proven when it is shown that an owner has deviated from established obligations.
The broad legal definition is to maintain a reasonably safe environment, but this varies from property to property. A mixed martial arts facility, where hand-to-hand combat is normal, would have different security responsibilities than a residential condominium.
The next step is to provide proof that negligence has been committed. Depending on the type of neglect, this can take many forms. A crime that occurred in a parking lot with a broken light might, for example, be required to provide testimony that no light was working when the crime occurred. This can be supported by surveillance footage or even recordings showing that the light was repaired after the crime.
Linking negligence to crime
The last requirement shows that the injury and felony are the direct result of negligence. For example, someone is broken into and rendered unconscious, discovered only hours after the crime, despite the presence of both a network of surveillance cameras and a security guard.
If it can be shown that the surveillance camera footage recorded the crime, showing the unconscious victim in full view, and that the security officer claims to have been on duty the entire time, that would be solid evidence in front of the court that the security guard was negligent.
If you’ve been the victim of a crime-related injury due to negligence, speak to a security lawyer immediately.