The Human Cost of Insecurity: How Failed Security Results in Personal Injury Lawsuits
In an increasingly more violent world, the businesses and institutions we frequent must be more vigilant about security. Robust security measures are fundamental to ensuring the safety and well-being of individuals in various environments, from workplaces and retail spaces to residential complexes, schools and public venues.
Consider this: adequate lighting in a parking garage can deter crime and prevent assaults. Properly maintained security cameras can help identify hazards and provide evidence in case of accidents. Trained security personnel can de-escalate potentially dangerous situations. In essence, security acts as a proactive layer of protection against foreseeable risks that could lead to personal injury.
The consequences of neglecting security in these contexts can be severe, resulting in significant injury and long-lasting psychological trauma. Attorney Chad Shannon has secured millions of dollars for his clients covering a variety of security failure matters. Those cases include: a mass shooting at a bar; an attack at a high school; a death resulting from a hospital’s failure to hire an effective security company; and a patron who was jumped by a gang at a popular local music venue.
Common Security Failures in Personal Injury Lawsuits
When inadequate security measures directly lead to personal injuries, those affected may pursue legal action. Here are some common types of security failures that often form the basis of these lawsuits:
Inadequate Lighting: Poorly lit areas, such as parking lots, stairwells, and walkways, can create hazardous conditions, increasing the risk of trips and falls, and also making individuals more vulnerable to criminal activity. Lawsuits may arise if insufficient lighting is deemed a contributing factor to an injury.
Insufficient Security Personnel or Presence: In certain environments where a reasonable expectation of security exists (e.g., shopping malls, apartment complexes, hospitals and schools), a lack of trained security personnel or a visible security presence can be seen as negligence if it contributes to a foreseeable injury, such as an assault or theft leading to harm.
Malfunctioning or Absent Security Systems: Security cameras, alarms, and access control systems are intended to deter incidents and provide evidence. If these systems are known to be malfunctioning, improperly maintained, or entirely absent in situations where they are reasonably necessary, and this failure contributes to an injury, it can form the basis of a lawsuit. For example, a broken security gate allowing unauthorized access that leads to an assault.
Failure to Address Known Security Risks: If a property owner or manager is aware of specific security vulnerabilities or a history of incidents in a particular area and fails to take reasonable steps to mitigate those risks, they can be held liable for resulting injuries. This might include ignoring repeated complaints about a lack of security or failing to act on security assessments that highlight deficiencies.
Negligent Hiring or Training of Security Personnel: If security personnel are inadequately vetted, improperly trained, or act negligently in their duties, and this negligence leads to someone's injury, the employing entity can be held liable. This could involve a security guard using excessive force or failing to follow established protocols.
Lack of Adequate Warning or Signage: Failing to warn individuals about known security risks or hazards can also lead to liability. For example, not posting signs about surveillance in a potentially risky area or not warning about a history of criminal activity.
Failure to Implement Industry Best Practices: Certain industries have established best practices for security based on the specific risks they face. Failing to adhere to these standards, if it directly contributes to an injury, can be seen as negligence. For instance, a school not following recommended security protocols for visitor management.
Proactive Security Can Prevent Harm and Legal Action
In today’s world, a proactive approach to physical security is crucial. By investing in appropriate lighting, security personnel, functioning security systems, addressing known risks, properly training staff, providing adequate warnings, and adhering to industry best practices, organizations and property owners can create safer environments and significantly reduce the likelihood of personal injuries and subsequent lawsuits.
Ultimately, prioritizing security is about more than just compliance; it's about demonstrating a commitment to the safety and well-being of individuals within a given space. By building robust security measures, we not only deter potential harm but also create a foundation of trust and responsibility.
