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3 examples of negligent security practices

On Behalf of | Nov 26, 2024 | Premises Liability

Premises liability rules make businesses and property owners responsible for the safety of visitors. In scenarios where people or companies fail to properly maintain safe facilities, people can end up hurt. Premises liability rules are why people sue after slip-and-fall incidents.

Premises liability rules also let people take action when they become victims of preventable crimes in some cases. Provided that a property owner or business fails to take reasonable and appropriate steps to protect visitors, there can be a degree of liability for crimes that occur.

In a negligent security scenario, a property owner or business fails to do what reasonable people recognize is necessary to prevent or at least limit criminal activity. The following are some examples of common negligent security practices.

Leaving high-traffic spaces dark all night

Exterior spaces around businesses and apartment buildings often see a lot of foot traffic. Parking lots, alleys and outdoor seating spaces are all examples of spaces that may require lighting once the sun sets. Landlords and businesses do not have to pay to keep outdoor spaces illuminated all night, every night. However, they may need to install motion-activated security lights at the very least. Opportunistic thieves and other criminals are statistically less likely to target locations where there are bright lights.

Allowing unfettered access to facilities

Many apartment buildings have secure outer doors and gates in addition to individual door locks for each unit. The idea is to limit who gains access to the building, as criminals might enter and then check doors individually to burglarize units. Limiting public access to living spaces and even business facilities can reduce the likelihood of major crimes occurring. Especially after dark, excluding non-residents or non-employees from the premises is a reasonable step that can prevent some criminal activity.

Foregoing professional security services

Criminals often target locations where they expect to get away with their behavior. The presence of security professionals or cameras can make people think twice about inappropriate conduct. Some types of businesses, like bars and nightclubs, may need the physical presence of security professionals to keep patrons and workers safe. Retail establishments and office buildings may benefit from the installation of security cameras in exterior and interior spaces.

Security systems and professionals help deter criminal activity. They also help those affected by crimes prove what happened, identify the party responsible and hold that person accountable. In scenarios where simple safety measures may have prevented criminal activity, injured people may have reason to pursue a premises liability claim. Evaluating whether inadequate security contributed to criminal activity can help people determine whether they want to try and hold property owners accountable for creating an unsafe situation.

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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.