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Poor security can be grounds for a premises liability claim

On Behalf of | Nov 26, 2018 | Firm News

When someone owns a property, they have a duty to the public to maintain it in a safe manner. Unfortunately, some property owners are lax in their maintenance, which can lead to serious issues for visitors to the properties, as well as tenants if it is a rental property. Security issues on a property can directly contribute to crime, which can thus increase a property owner’s premises liability.

Understanding the legal obligations of property owners and the rights of visitors can help you make informed decisions if you wind up injured or victimized by a crime on someone else’s property. Chances are good that if inadequate security measures were in place, you may have the right to pursue compensation from the property owner.

Security is critical to any real estate holding

Whether someone lives in a property that they own or rent it out to other people, they have an obligation to ensure that the premises is secure and safe. If parts of their property are accessible to the public, the owner should take great care to ensure that there are adequate security measures in place.

These can include security lighting, which can be motion activated, as well as security cameras. These investments deter crime. They also assist in catching and prosecuting criminals who commit crimes on private property. Walking through a dark parking lot or alley can be particularly dangerous, which is one reason why adequate outdoor lighting is a critical security measure.

Anyone who winds up victimized on a private property because of a lack of lighting or other security oversight likely can claim negligence on the part of the owner. They can hold the owner accountable for injuries and losses they suffer.

Negligence is key to proving a security-related case

Victims of crimes have rights, including the right to seek compensation. In order to receive compensation for an injury or crime you experience on a Connecticut property, you must have a legal right to claim. Typically, this involves negligence or a wrongful act on the part of an owner. Failing to adequately invest in security is obviously an oversight that is also negligence, leading to premises liability.

Owners incur premises liability for any injuries suffered by visitor or tenants due to a failure to properly maintain the property. This can provide grounds for a premises liability claim, which can either go through insurance held by the property owner or the civil courts.

Insurance won’t always compensate the victims of crimes. If you can demonstrate to the courts that the lack of security directly contributed to your victimization, you may be able to recover compensation for property damages or injuries that you suffered as a result of the crime you experience.


FindLaw Network

Verdicts & Settlements

36-year-old laborer for landscaping company fractured wrist when fellow employee hit him with truck. Claimant received in excess of $30,000 in workers’ compensation benefits for total disability and medical expenses and settled with automobile insurance company for fellow employee for $95,000.

1989 workers’ compensation claim settled for $125,000. Claimant originally sustained a low back injury when she slipped and fell at local grocery store resulting in low back surgery in 1989. Several years later, claimant exacerbated her low back injury. Claim was reopened and settled with carrier for $125,000 in 2006.

47-year-old deli clerk sustained low back injuries at work for local supermarket. Carrier originally denied claim on the grounds that the injury was pre-existing. After formal workers’ compensation hearing carrier accepted claim and paid all total disability benefits and medical expenses in excess of $100,000. Case then settled for an additional $100,000 after injured person received a permanent disability rating.

34-year-old male roofer sustained multiple injuries to his shoulder, neck, back and hip when he fell from roof during work. Claimant was provided workers’ compensation benefits in excess of $100,000 and settled remaining claims for an additional $55,000.

40-year-old male working for cleaning company sustained neck and low back injuries when he fell on defective staircase while cleaning local museum. Claimant recovered over $95,000 in workers’ compensation benefits and resolved claim against museum for $85,000.

26-year-old laborer sustained fractured foot when a cast iron pipe was dropped on his foot. Employer and workers’ compensation carrier denied claim on basis that injured worker was an independent contractor. After a series of informal and formal workers’ compensation hearings, carrier conceded that claimant was an employee and settled case for $85,000.

24-year-old waitress sustained back injury while working at Outback Steak House. Workers’ compensation insurance company initially denied the claim. After a series of informal hearings, carrier accepted claim paying medical expenses and total disability benefits. In addition to those benefits paid, claim settled for an additional $75,000.

Delivery truck driver sustained right wrist fracture in rear-end motor vehicle accident while in the course of his employment. Claimant recovered in excess of $40,000 in workers’ compensation benefits for medical expenses and total disability benefits. Claimant settled case against at-fault driver for $105,000.

22-year-old male working as stocking clerk at “big box” retailer sustained herniated disc in low back. Workers’ compensation carrier refused to accept the claim. After formal workers’ compensation, hearing commissioner ordered carrier to pay over $35,000 in past total disability benefits and pay for surgery and all related medical expenses. Case settled for an additional $35,000 for a total recovery in excess of $100,000.

Rear-end collision on entrance ramp to Merritt Parkway resulting in 49-year-old woman sustaining mid-back injury. Case settled at mediation after filing suit for $300,000.

28-year-old passenger sustained multiple herniated discs in automobile accident in New York state. New York no-fault carrier paid for extended period of disability from work and medical expenses, including expenses for surgery. Case settled against driver of vehicle for $300,000 policy limits shortly after filing suit.

54-year-old man sustains shoulder injury when hit from behind by uninsured motorist on New Jersey Turnpike. Case settled for $135,000 prior to trial.

CT Transit bus driver sustained torn meniscus in collision with another vehicle. Claims made against at-fault driver, workers’ compensation carrier and client’s underinsured motorist policy. All claims settle for a recovery in excess of $100,000.

68-year-old woman sustained neck and back injuries in rear-end collision and required extended course physical therapy, but was not a surgical candidate. Case settled for $100,000 prior to filing suit.

34-year-old woman sustained concussion and neck and back injuries in hit-and-run accident on a New York highway. Claimant settled uninsured motorist claim for her $100,000 policy limits.

80-year-old woman sustained right foot fracture when her foot was run over in a parking lot. Case settled for at-fault driver’s policy limit of $100,000 prior to filing suit.

38-year-old nanny sustained right femur fracture when she fell down defective stairs in home of her employer’s neighbor. All medical expenses and lost wages reimbursed and case settled for an additional $150,000.

Claim against landlord for defective staircase in multi-family rental house. Claimant sustained a right femur fracture. Case settled for $125,000 prior to filing suit.

$95,000 judgment obtained against bar and nightclub for assault by one of its patrons against another patron.

47-year-old woman sustained a broken left wrist when she fell from porch stairs at house she was renting. Case settled for $95,000 shortly before trial.

26-year-old male bitten on leg by German shepherd. Claim against dog owner settled for $65,000 plus payment of all medical expenses.