Being an invited as a visitor to another’s property, whether the property owner is a business or another person, carries with it some expectations. Fundamentally, the visitor can expect the property to be reasonably free of any dangerous conditions, or, if not, to be made aware of any hazards. Additionally, the visitor can expect that he/she will be safe while on the property, even if that means that the property owner provides an appropriate level of security detail. If these expectations are not met, and an injury to the visitor occurs, retaining the services of an attorney experienced in personal injury matters, and one especially focused on premises liability and insufficient security, can be crucial to obtaining compensation for the visitor’s injuries.
Recently, the estate of a teenager who froze to death after getting trapped in a hotel freezer has sued the hotel, alleging that it failed to secure the area around the freezer, which, although not used, was still accessible to the public. Allegedly, the teen walked around, visibly disoriented, past hotel staff and into the freezer, and no one attempted to stop her. A discussion of premises liability, as well as some examples of insufficient security procedures, will follow below.
Premises liability is a complex aspect of the legal theory of negligence. As alluded to above, there are expectations of protection an invited visitor has when on the property of another. Uninvited visitors, such as trespassers, are given a lesser degree of protection, and typically do not have a claim if an injury occurs. The failure to meet visitor expectations may result in liability for the property owner. Accordingly, a successful injured visitor must prove each of the following elements:
Insufficient security cases are a form of premises liability, which focuses on the duty the property owner owes to invited visitors to take appropriate and necessary steps to address known security risks. Accordingly, property owners are required to provide adequate security measures to prevent foreseeable criminal activity on their premises. Failure to do so may result in liability for any damages suffered if someone is injured.
It is important to realize that insufficient security concerns known security risks, or, in some cases, a security risk that the property owner should have known about. Thus, and as an example, unless a particular piece of property is located in an area with a reputation for being the focus of criminal activity, typically, the first time something criminal occurs on that property, the property owner will most likely not be held liable for any injuries. However, criminal activity will put the property owner on notice that the property may potentially be subject to criminal activity in the future.
As mentioned above, property owners are required to put in appropriate and necessary means to ensure the safety of visitors to the property. The following is a sampling of common insufficient security measures:
If you suffered an injury, and you believe that the property owner did not provide adequate security measures to prevent this incident, contact the dedicated Naperville personal injury attorneys at Mevorah Law Office, LLC as soon as possible. We have years of experience in personal injury matters, including negligent security cases. If we decide that the injury was preventable and the result of insufficient security provisions, we will work to ensure that you get the appropriate compensation you deserve. Contact our personal injury firm at 630-932-9100 for a free consultation.
Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.
Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.
Our practice is focused on meeting your needs with flexible hours and locations to serve you: