Negligent Security for Landowners in Alabama

Picture this: A customer leaves a shopping center after picking up some new clothes and a couple of much-needed essentials. As they enter the parking lot, they notice how dark everything is – even the car outlines are partly blending into the night. They can’t see security guards anywhere and start to feel worried, as they’ve lately seen strings of robberies on the local news.

Out of nowhere, a hooded figure rushes them, knocking them over and stealing their bags. Before they can even yell for help, the thief has disappeared. They search for a security guard but can’t locate one anywhere. Should the victim simply accept their bad luck and move on? Well, hold on a second – they have options.

It’s public knowledge that the area surrounding the shopping center has recently had high incidents of robbery, but it appears the property owner has put off installing security cameras and hiring adequate security personnel. Under Alabama premises liability laws, the shopping center owner could be held liable for negligent security because they did not take reasonable steps to protect lawful visitors from foreseeable dangers.

What is negligent security?

Negligent security refers to a property owner’s failure to adequately secure their property for individuals. These laws were developed to ensure owners create a safe environment for visitors so the public is not at risk of reasonably predictable dangers, like criminal robbery.

For example, a shopping complex, hotel, or nightclub in a high-crime area must have proper surveillance, security guards, and sufficient lighting to deter criminals. Failure to provide these measures can put individuals in danger, and the owner may be held liable for any injuries or losses incurred on their property.

What are the common types of negligent security issues?

Security lapses can result in the following claims:

• Missing or broken locks
• Insufficient lighting
• Failure to warn
• Lack of security personnel
• Absence of surveillance systems

If you have suffered from negligent security in Alabama, consulting a primises liability lawyer can help you look at all the details and consider whether your claim will stand up under legal scrutiny.

How can negligent security lead to harm?

Inadequate on-premise security in a nightclub parking lot, for example, can lead to fights, robberies, and even car crashes. Examples of harm caused by negligent security include:

• Physical injuries: Individuals may sustain physical injuries due to robbery in poorly lit parking lots.
• Financial Loss: Expenses like medical bills or loss of property.
• Emotional trauma: This constitutes psychological distress like anxiety or PTSD that often occurs after an unpleasant event.

How is negligent security handled under Alabama’s premises liability laws?

Negligent security is a key aspect of Alabama’s broader legal concept of premises liability. Alabama property owners are obligated by the law to protect visitors from foreseeable crimes and harm, ensuring their visit is safe and secure. If they fail to do so and someone is harmed, the property owners or any other responsible parties may be liable for the damages. There are six key aspects of Alabama premises liability laws to consider in such situations.

1.    Duty of care

Property owners in Alabama have a legal duty to provide essential protection and safety to keep visitors from any foreseeable harm. However, the level of protection depends upon the types of visitors, namely:

• Invitees: Property owners owe the highest duty of care to the invitees, such as customers or tenants, ensuring that the property is safe and secure for their visit. The owner is legally bound to implement adequate security measures to protect them from foreseeable harm (e.g., thefts or physical assault in areas that have a history of similar criminal conduct)
• Licensees: Licensees enter the premises with the owner’s permission and for their purposes (e.g., social guests). Their level of protection is less stringent than that of the visitors; however, property owners must take adequate measures to protect them from known hazards and risks.
• Trespassers: The owner does not owe any protection and security to trespassers since they entered the property without the owner’s permission. An exception applies to children, where the owner can be held responsible under exceptional circumstances. Additionally, owners must avoid harming trespassers intentionally by setting traps to keep them out.

To determine negligence, the injured party must demonstrate that the property owner failed to take adequate measures to make the visit safe and secure. For example:

• Faulty or broken locks
• Inadequate lighting in high-risk areas
• Lack of security cameras and personnel

2.   Foreseeability of crime

The court determines the location and history of the property to evaluate if the crime could have been foreseeable and if the owner could take the precautionary measures to make it secure.

3.   Extended liability

Sometimes, negligent security liability does not solely rely on property owners. It could also include third-party contractors, security agencies, or even property managers if their negligence is proven.

4.  Contributory negligence

Alabama premises liability solely follows the contributory negligence rule. If the injured party is found to have contributed, even in the slightest manner, to the negligence, they’ll be barred from recovering the compensation. It can be difficult and time-consuming to properly establish that you’ve not contributed to negligence in any way, which is why consulting a premises liability attorney can be so beneficial.

6. Compensation

Victims are compensated for the following aspects:

• Medical bills
• Property damage
• Emotional distress
• Lost wages
• Pain and suffering
• Wrongful death (Note that in these cases, in Alabama, the personal representative of the estate of the deceased may seek punitive damages to deter similar wrongs in the future. Any settlement or jury award would be distributed to the heirs at law.)

Who can help me prove negligent security?

Proving negligent security can be complicated, as multiple parties could be liable for it. You can also accidentally introduce an admission of partial responsibility, resulting in a failed claim. Premises liability lawyers streamline this process using the following steps:

• Interviewing eyewitnesses
• Collecting and preserving the evidence
• Recording the testimony of an expert witness

When handling your case, attorneys strive to establish the negligent security of a business, security service, property owner, and other responsible parties to pursue fair compensation for your distress.

Compensation, negotiations, & settlement scope

Negligent security cases involving personal injury are sometimes settled outside of court through negotiations with the insurance companies of liable parties. In these scenarios, premises liability lawyers do their best to broker the maximum settlement for claims.

The following are examples of potential damages that can be recovered in inadequate security cases:

• Medical expenses: Covers injuries from the accident
• Lost wages: Helps recover money due to lost time
• Mental anguish: Pain and suffering caused by the accident
• Property damage: In case of repair or damaged property
• Punitive damage: In case of reckless conduct or for a case involving wrongful death in Alabama

Negligent security can have lifelong consequences. If you suspect you faced negligent security because someone failed to provide adequate protection, please don’t hesitate to contact a Huntsville premises liability lawyer from Martin & Helms at your earliest convenience. Call our office or complete our contact form to schedule a free consultation in Huntsville or Decatur today. We also assist clients in Madison and Athens.