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When a criminal offender hurts you or your family, such as through a criminal act of assault or robbery, you will understandably want to hold that offender liable for what they did. However, the criminal offender might not be the only party that should be responsible for your harm and losses. Through premises liability laws, you might be able to file a negligent security claim against the owner of the property on which the crime occurred for failing to protect you.
What are Reasonable Security Measures?
When a property owner or manager fails to implement adequate security measures, leading to preventable harm, it might be an instance of negligent security. Property owners have a legal obligation, known as the duty of care, to ensure their premises are reasonably safe for visitors, which should include taking steps to prevent crimes and accidents that are foreseeable.
Examples of reasonable security measures include:
- Proper lighting
- Functioning locks
- Surveillance systems
- Security personnel
The types of security measures that should be taken and to what extent vary from property to property. For example, the owner of a nightclub in a high-crime neighborhood would likely need to take more steps to secure the premises from criminal offenders when compared to the owner of a 9-to-5 nail salon in a low-crime neighborhood. Although both parties own a business in this example, the type and location of their businesses vary greatly, so the reasonable security measures to be followed by each business owner vary, too.
What Situations Lead to Negligent Security Claims?
Negligent security claims can arise for many reasons, but the common thread among them all is the property owner’s failure to reasonably secure the premises from criminal offenders who might harm visitors, guests, employees, etc. When a criminal act occurs, it is important to ask if it could have been prevented if the security measures at the location of the crime were better. An investigation could reveal that not enough was done, and therefore, there would be room to argue that the property owner failed to uphold the duty of care owed to visitors and guests.
Importantly, negligent security claims are nearly always filed against commercial property owners and business owners. Residential property owners usually owe a minimal duty of care to visitors regarding security against criminal acts. What’s more, if a criminal offender hurts someone who lives in a residential complex like an apartment complex, the manager of that complex and its security provider – if any – could be liable.
Filing a Negligent Security Claim
If you find yourself a victim of a crime that you think was enabled by negligent security, you should talk to an attorney right away about how to use an injury claim to pursue justice and compensation. A negligent security lawyer can talk to you about the validity of your claim, what compensation could be pursuable, and what to do first to get your case moving.
Usually, the first step of a negligent security claim is determining what evidence you have to support your argument, which could include:
- Photographs
- Security camera footage
- Eyewitness accounts
- History of crime on the property or in the area
If enough convincing evidence is available, your attorney can talk to you about preparing and filing your claim. Once filed, the in-depth legal process will begin, which could end in settlement negotiation or courtroom litigation. You won’t want to go through this process on your own. You should only proceed with trusted legal counsel leading the way.
Hilliard Law Wins Big Against Walmart
In 2023, Hilliard Law won a newsworthy negligent security claim against the megacorporation Walmart. Our client, Mr. Lacy, was a subcontractor performing work at the Walmart in Tyler, Texas when Walmart employees told him to apprehend a shoplifter, which the employees knew was against corporate policy. After apprehending the shoplifter and then letting him go, also as instructed by Walmart workers, Mr. Lacy was walking back to the store when the shoplifter hit him with his vehicle. The vehicular impact left Mr. Lacy with serious and permanent injuries and debilitations.
Walmart tried to argue that it could not be held liable for the actions of the shoplifter. Attorney Michael Richardson, who took the lead in this case, argued that Walmart should be held at least mostly liable for his injuries because the corporation’s employees put Mr. Lacy into harm’s way by ordering him to act against company policy. The jury agreed, determined Walmart was 80% liable for Mr. Lacy’s injuries and losses and rendered a $4.3 million verdict against Walmart; this verdict is the largest injury award ever rendered in Smith County against the corporation.
Attorney Richardson was quoted as saying, “This victory sends a powerful message that no corporation is above the law. We are grateful to have had the privilege to represent Mr. Lacy, and our team fought tirelessly to secure fair compensation for his injuries.”
$18 Million Won for Injured Worker
Using our decades of collective practice experience, Hilliard Law was able to win a negligent security case for a worker who fell while on the job. Attorneys John Duff and Matthew Hull took the lead on this case, which was filed on behalf of Mr. Garza, who suffered life-changing injuries after he fell off a ladder that was struck by a poorly secured 200-pound structural beam. The nails used to secure the beam had not been the correct kind and length, causing it to come free and hit the ladder.
Our attorneys argued that Mr. Garza’s employer, R & T Framing, and the construction firm Mostaghasi Enterprise, Inc. (MEI) had failed to provide him with a safe workspace through their negligence. To this end, the companies had negligently secured the worksite, so the case was seen as a negligent security case that could go to civil court, rather than a workers’ compensation case with more limitations. The court agreed that the companies were 90% liable for Mr. Garza’s accident and injuries; the jury awarded $18 million in actual and exemplary damages to Mr. Garza.
Attorney Duff said of the case, “Mr. Garza’s injuries could have been prevented had MEI and R & T Framing properly trained, supervised, and managed the job site and materials. Their failure to show ordinary care for their employee(s) puts all job sites in danger. For a homebuilder to have been in business as long as MEI, there is no justification for their failure to supervise and provide a safe working environment with the appropriate materials to do the job.”
Negligent Security Case Representation Across Texas
Hilliard Law offers legal counsel for people who were seriously injured by a criminal assailant in Texas. Depending on what happened, you might be able to use a negligent security claim against the property owner if not enough security measures were taken based on the type and location of the business. Let’s explore your legal options today – just call (361) 882-1612 to ask for a FREE consultation.