Premises Liability is overall a simple construct – As the owner of a certain property, you are responsible for all visitors’ safety when on your property. This implies fixing any potential health hazards on the property, as well as installing essential security protocols. Read on to learn more.
By taking a specific example, the idea of Premises Liability becomes much more clear. Consider a restaurant establishment. Here, the owners must ensure that there are no physical hazards present within and near the restaurant – no slippery floors resulting in falls, or any unchecked glass items shattering and hurting patrons. This specifically comes under the purview of Premises Liability.
Now consider that the restaurant fails to put in the necessary security personnel, surveillance cameras, and enough lighting. Seeing this, an opportunistic thief chooses to rob a patron walking to the restaurant. Considering that quality security acts mainly as a deterrence to criminals, not adding the required security invites them instead. This is a scenario that falls under a separate category within Premises Liability, namely, Security Negligence.
For quite a long time, linking personal harm to a property owner’s negligence wasn’t really considered. Individuals considered themselves unlucky instead of victims of negligence. They spent their hard-earned money in recovery, without realizing that the law was by their side.
Lawyers have now changed the tide on such occurrences. Establishing a negligent security claim involves a meticulous examination of the circumstances surrounding the incident. Lawyers gather evidence to demonstrate that the property owner or manager failed to provide adequate security measures, leading to harm or injury. This may include proving that the property owner knew or should have known about potential security risks but neglected to address them. By establishing the negligence of the responsible party, lawyers lay the foundation for seeking compensation on behalf of their clients.
Another key challenge is actually navigating the legal process. Not everyone feels it might be worth it to enter into a usually slow and tedious legal claim. However, lawyers have dispelled such thoughts as myths. Today, their expertise and strategy help victims navigate complex legal frameworks, statutes, and precedents. This builds a compelling case, one that is sure to fetch a fair compensation.
Legal professionals are thus playing a significant role in empowering victims of negligent security. What used to be considered bad luck is now understood as wilful negligence – and is prosecuted accordingly.
