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Considerations in Negligent Security Claims

Stephen Krzyston

· Security Claims
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Serving clients in Columbia, South Carolina, Stephen Krzyston practices at Cavanaugh & Thickens, LLC, and provides counsel in personal injury and criminal defense cases. Among the injury matters that Stephen Krzyston handles are those cases where individuals have been injured our hurt as the result of criminal acts on property that is owned and/or operated by another individual or business.

By state law, owners of apartments, hotels, nightclubs, and retail businesses have a duty to ensure the safety and security of their properties. One obligation is that lawful visitors are afforded adequate security to make them reasonably safe from an attack. In cases where an injury occurs and this threshold is was not met, a premises liability lawsuit may be initiated.

The negligent security claim encompasses a wide range of violent crimes, including assault, rape, robbery, and homicide. Establishing such a claim involves the plaintiff showing the ways in which a lack of proper security contributed to the injury suffered.

One strategy is to investigate whether similar crimes or claims have been associated with the property in the past. Property management or police reports may support the plaintiff in the claim that proper security steps were not taken. Another aspect of gaining compensation is to demonstrate that the attack was reasonably foreseeable. Examples of negligence that could lead to this include the owner of a building failing to set in place an electronic security system or hire a security guard. Because the factors in each negligent security case are unique, it makes sense to consult with an experienced attorney.