When you visit a bar, club, or restaurant, you trust that the owners and managers have taken reasonable steps to ensure your safety. But what happens when their failure to provide adequate security leads to an injury? This is the legal concept of negligent security, and it can be a critical component of a personal injury lawsuit.
Understanding the Legal Duty of Care
Under premises liability laws, property owners have a legal obligation, or “duty of care,” to protect their patrons from foreseeable harm. This isn’t just about cleaning up spills—it also includes taking measures to prevent criminal activity and dangerous behavior.
A claim for negligent security arises when:
- The owner of the establishment had a duty to provide security.
- They failed to provide reasonable security measures.
- This failure directly led to your injury.
- Your injury resulted in damages (e.g., medical bills, lost wages, pain and suffering).
What Constitutes “Inadequate” Security?
Negligent security is highly dependent on the specific circumstances of the establishment. The level of security required at a quiet family restaurant is very different from what’s needed at a crowded nightclub with a history of violence.
Examples of inadequate security can include:
- Insufficient Staffing: Not having enough bouncers or security guards for the size of the crowd.
- Poor Training: Staff who are not trained to de-escalate fights or respond to emergencies.
- Lack of Surveillance: Failing to install or maintain working security cameras in and around the property.
- Negligent Hiring: Hiring employees with a known history of violence or criminal behavior.
- Foreseeability: A history of previous assaults or violent incidents on the property that were not addressed by the owner.
How Our Attorneys Can Help
Proving negligent security can be complex, as it requires a thorough investigation to demonstrate that the owner should have been aware of the danger. Our New York City bar, club, and restaurant liability attorneys are skilled at gathering the necessary evidence to build a strong case. We can help you hold the responsible parties accountable and pursue the compensation you need to recover from your injuries.
If you believe your injuries were caused by a lack of security, contact us today for a free, confidential consultation.