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Inadequate Security
A landlord or landowner has an obligation to exercise ordinary care in keeping its premises and approaches safe from unreasonable risks of which it has superior knowledge. This means that the landlord or landowner may be responsible for attacks by third parties [typically criminals who rob, rape, or injure innocent people who are rightfully on the property]. Isenberg & Hewitt has successfully represented victims of crime who have been assaulted, raped or harmed in shopping centers, apartment complexes, gas stations and other property.
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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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