Injured as a Result of Negligent Security in Massachusetts? Choose a Boston Law Firm with the Experience you Need to Win. Choose Parker Scheer LLP.
Each year, thousands of individuals in the United States suffer serious injuries or death as a result of violent crime. While the nature of the violence that gives rise to these injuries is wide-ranging, many such events result from inadequate or “negligent security” measures. These should have otherwise have prevented or reduced the injuries that occurred. In these types of cases, there is no strict list that states what a property owner must do in order to prevent injury. Therefore, the precautions that should have been taken are based on common sense and practicality, and what is viewed as a foreseeable risk that the property owner should have taken steps to eliminate.
Because of this ambiguity, negligent security cases can come in many different forms. In a case where a violent crime occurred, there are some types of claims that are more common than others. The failure to hire security guards is often a claim. Another common claim is the failure to have adequate lighting in outdoor areas including, but not limited to, parking lots, as well as a lack of security cameras and a failure to repair broken locks. However, this list is by no means all-inclusive and is being expanded upon constantly by the circumstances of the cases at hand.
There are six parts to proving a claim for negligent security. First, the defendant in the case must be the owner of the property where the incident occurred. Next, the plaintiff must have been on the said property legally when the incident occurred. If the defendant was trespassing and not on the property legally then a negligent security claim may not be pursued. Third, that the defendant did not take reasonable steps and care of the property. This part refers to the features mentioned above, such as adequate lighting, security cameras, and repairing locks. Fourth, the cause of the injury was a third party in an incident that occurred on the property, which the owner of the property should have foreseen as a possibility. Next, the plaintiff must prove that the injuries he sustained occurred due to the breach of duty by the property owner. And, lastly, that the victim did in fact suffer injuries, and that said injuries were documented.
Examples of cases predicated on negligent security include rape or violent crime occurring at hotels and motels that have resulted from management’s failure to prevent unauthorized access to guest rooms by intruders. Another example is bars or restaurants with past histories of violence, which have also been held liable for failing to screen customers for weapons, including guns and knives. These negligent security cases are much stronger when the history of the establishment included past incidents involving such weapons. Because of this, the bar should have foreseen that there was a possibility of such violence occurring again, and take the security precautions to prevent it from happening again. Finally, bar and restaurant operators have been held liable for negligent security for injuries caused by intoxicated patrons where the patrons were overserved.
Negligent Security Case Results in Massachusetts
The plaintiff suffered a severely broken nose after being savagely beaten by a group of marauding teenagers. The plaintiff demonstrated that the defendant, a common carrier, failed to provide reasonable security despite numerous prior instances of violence at the defendant’s premises. The case was settled one week prior to trial.
Do You Need A Negligent Security Lawyer?
Parker Scheer has successfully represented victims of violent crime resulting from negligent security. Persons interested in discussing a potential case with a personal injury attorney are encouraged to contact the firm here or by telephoning our Boston offices toll free at 617-886-0500. There is never a fee charged for an initial consultation. If you need a personal injury lawyer outside of Massachusetts, contact us for a referral.