Premises Liability Involving Negligent Security in Illinois

 Posted on July 30, 2021 in Personal Injury

Premises liability injuries are not uncommon, coming in many different forms and arising from many different circumstances. Included in premises liability is negligent security. Crimes fall under the category of negligent security when they could have been prevented or made the criminal act less likely by the use of sufficient security measures. When an individual suffers from an injury on private property due to substandard safety measures, they may be interested in pursuing damages from the property owner or tenants. 

What Constitutes Negligent Security?

When an owner or tenant of a property fails to install reasonable security measures to maintain the safety of its visitors and one of those visitors suffers an injury as a result, the owner or tenant may be liable for negligent security. Injuries that may arise from security negligence include robbery, battery, assault, or rape. 

Contributing security issues that may allow for criminal violence to be inflicted upon a business’s visitors include:

• Broken locks

• Faulty alarm systems

• Inadequate staff training

• Poor crowd control

Nearly any type of business may face issues involving negligent securities including bars, retail stores, hotels, and apartment complexes. 

Recovering Damages From Personal Injury Caused by Negligent Security

Depending on the situation, there are various parties that may be held liable for security negligence, some of which are the property owner, the security company, the property management company, and the state or municipal government. 

While it may seem more logical to pursue charges against the individual who directly committed the violent act or crime, it may be more practical and advantageous to sue the owner or possessor of the property. Realistically, it is going to be easier to locate the property owner than it would be to locate the accused criminal. Furthermore, there are higher chances that the property owner has sufficient insurance coverage to adequately provide the victim’s damages. 

In order to successfully recover damages, you will need to prove that the security failures have resulted in a pattern of crime over time or that the owner or tenant failed to provide sufficient warnings in order for their guests to avoid such injuries. It will also need to be proven that the injury occurred on said property and that the injury would have been preventable had the defendant taken adequate security measures. 

Contact an Elmhurst Personal Injury Attorney

Your first priority after being injured in a criminal attack should be to seek safety and medical attention. It is recommended that you contact the police and retrieve copies of any incident reports. Following that step, it is in your best interest to not discuss anything further without having a lawyer present. 

There are many factors that must be considered when pursuing a premises liability case involving negligent security. Our Bensenville personal injury lawyers recognize the complexities of these cases and are equipped to fight for your compensation head-on. Contact Kaiser Hafezi Law today to schedule your complimentary consultation by calling 630-233-9946. 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57