What Happens After a Property Security Failure?

Property owners/establishments are expected to take reasonable steps to ensure the safety of those who come onto their property. They could range from keeping locks functional to lighting, access monitoring, and taking action on reported security issues, depending on the location and potential of risks. If one of these precautions is not taken and an injury occurs, the question might be raised as to whether a legal obligation was not met by the property owner.

A motorcycle accident attorney Grand Rapids case generally covers a different type of personal injury cases, but it is essential that they learn about how attorneys investigate property-related accidents so that they know how to get the necessary proof and determine the liability in their case. When filing a claim for negligent security, the attorneys will be looking at the conditions of the property, the history of security complaints, and what the management or owner had done to address those complaints before the event that happened. These details may be useful in establishing if there was a lack of security as a factor in the injury.

Examining the Property and Identifying Security Risks

The investigation usually starts with an inspection of the premises at which the incident has taken place. Attorneys review the site to determine potential circumstances which could have caused or exacerbated a foreseeable security threat. The intention is to gain an appreciation of the safety measures provided prior to the incident and if reasonable precautions were not taken.

The study can be directed at the following:

Lighting: Low-light areas such as entrances, stairs, corridors and parking areas may not be well lit to see potential hazards.

Access control: Faulty locks, gates, or unsecured entrances can lead to the entry of unauthorized persons in restricted areas.

Security surveillance systems: Cameras that are missing, poorly positioned or not functioning could be a sign of a weakness in security monitoring.

Security staff: Investigate if the security staff were available, properly staffed and able to respond to reported concerns.

Property maintenance: Poor maintenance of doors, fences, gates and other security areas could be a contributing factor to unsafe conditions.

Attorneys can visit the site and take pictures of the location, look at property layouts, and take notes on circumstances that may have impacted the incident. Previous photographs, inspection reports, and maintenance records may be of assistance if the property has changed since the injury occurred, in order to establish what it was like before the injury.

Gathering Evidence and Reconstructing the Incident

In cases involving a security-related injury, it is more than just the injured person's word that is needed to determine how the injury may have occurred. Attorneys collect various kinds of evidence to determine the order of events and security breaches.

Video surveillance can be very helpful as it can provide footage of the incident, the actions of involved persons and the security setup of the property prior to the incident. However, recordings can be overwritten or erased after a certain amount of time. Requests to preserve footage available may, therefore, be important.

Additional context can be provided from witness interviews. Staff, residents, visitors and security personnel have knowledge of the incident, condition of the property and incident response.

Determining Who May Be Legally Responsible

Security of property may be the responsibility of more than one person or group of persons. There may be several parties with responsibilities for maintaining safe conditions as a result of the property and the way it is managed.

A property owner might be liable for some structural or security aspects and a management company might be taking care of daily maintenance or concerns from tenants. A business operator may be responsible for ensuring the safety of its customers and/or a contracted security company may be responsible for monitoring certain areas.

Attorneys analyze documents of ownership, management agreements, security contracts and policies to identify how the responsibilities were delegated. They also review if any party had duties to perform before the incident which were not carried out.

For instance, a security company could have been contracted to guard a parking lot, and the property management company could be tasked with keeping the lot lighted and gates open. Where there is a failure in responsibility, the investigation may have to take into account the actions of both parties in the event of an injury.

Frequently Asked Questions

Can surveillance videos be used as evidence of negligent security?

Yes. Recordings may be available that can demonstrate how the incident happened, vulnerabilities in the security system or if there was an appropriate response from the personnel. But video footage might not be sufficient to establish that the property owner was negligent.

Is there more than one person or organization that may have caused a property security failure?

Yes. The responsibility can be the property owner, a management firm, a business owner or a company that provides security services. Their individual responsibilities and actions need to be assessed.

So what damages can you recover for a negligent security incident?

A claimant may seek compensation for the costs of the medical treatment, loss of income, rehabilitation and for pain and suffering and other recognised damages depending on the evidence and the relevant law.

Conclusion

If there has been a security failure at a property, it is important to know the conditions of the property, any previous complaints from the tenants, evidence that may have been found, and what they do and don't do. Attorneys will examine these and decide whether they were not taken by a responsible party, causing injuries and whether conditions were right for a negligence claim.

When deciding on legal action, it will be important to keep all of the records pertaining to the security incident and having knowledge of the safety procedures for that property in the event the person is injured in the incident. A thorough investigation may help clarify the facts to help establish responsibility and decide on what to do.