The legal theory of premises liability claims that if you suffer injuries, harm or hurt caused by negligence while on another’s property, you are likely entitled to receive financial compensation. This is because the property owner has a legal responsibility to provide security and safety to every visitor, guest, customer or worker on their premises. Should the owner, manager, or others in charge of the property failed to adhere to the responsibility, they can be held legally responsible under the laws of premises liability.
Rhode Island negligent security lawyer
Many Rhode Island and Massachusetts properties lacks sufficient security necessary to provide a high level of safety to everyone on the premises. This can occur through broken locks, inadequate lighting and insufficient security guards, where an individual is battered, raped, attacked or killed. These horrific actions can happen in various commercial establishments including hotels, restaurants, office complexes, hospitals, amusement parks, commercial parking lots, sporting event venues, community swimming pools, airports, schools, apartment buildings and retail stores.
Premises Liability Law and negligent security laws in Rhode Island and MA
The laws that surround premises liability help provide legal protection for individuals visiting or working on the property. Typically, property owners are duty bound to exercise reasonable care in the design, construction, management, operation and maintenance of the facilities and surrounding grounds. If the individuals in charge breach that duty through any failure to provide adequate and necessary inspections to safeguard against hazardous and dangerous conditions, victims and surviving family members have a legal right to seek financial compensation.
In addition, those in charge of the premises cannot conceal any known safety hazard or dangerous condition that could cause harm to anyone, or fail to provide sufficient security to guard against any foreseeable crime. Personal injury attorneys in Providence Rhode Island (RI) who handle premises liability cases often file claims and lawsuits that involve:
• A failure to maintain sufficient lighting.
• Inadequate security guards and security patrols.
• Lack of maintenance of faulty or malfunctioning locks, fencing, doors and gates.
• A failure to install sufficient security cameras to monitor the premises.
• A failure to respond to an immediate threat including a security alert on the property.
• A failure to provide adequate warning of a potential danger.
• A failure to restrict access.
• Selling alcoholic beverages to intoxicated patrons who then assault, batter, rape or kill others.
• A failure to secure, barricade or cordon off any hazardous condition on the premises.
Duty of care
The duty of care the owner must provide to others is limited in that it protects guests, licensees and invitees but not trespassers who are unlawfully on the premises. However, there are exceptions to the limitation, especially if the trespasser is a young child. In a civil liability case, the status of the visitor is often relevant in determining if the owner was negligent and injuries were foreseeable.
Negligent security claims
Negligent security claims typically arise when a property owner or entity responsible for a premises fails to provide adequate security measures, resulting in harm to individuals on the premises. These claims can take various forms, depending on the specific circumstances and the type of property involved. Here are some common types of negligent security claims:
- Inadequate Lighting: A property owner may be held liable if they fail to provide sufficient lighting in areas like parking lots, stairwells, or walkways, which can create an environment conducive to criminal activity.
- Failure to Lock Doors and Windows: If doors and windows are left unlocked or easily accessible, it can lead to break-ins, and property owners can be held responsible for the resulting damages.
- Inadequate Security Personnel: If a property owner employs security personnel, such as guards or surveillance, they have a duty to ensure these personnel are properly trained and equipped to deter or respond to criminal activities.
- Lack of Surveillance: The absence of security cameras or other surveillance systems in areas prone to criminal activity can contribute to negligent security claims.
- Negligent Hiring and Training: Property owners can be held liable if they hire individuals with a history of violent or criminal behavior without conducting proper background checks or if they fail to adequately train their security staff.
- Negligent Response to Incidents: If a property owner or their security personnel fail to respond appropriately to known or foreseeable security risks or criminal activities, they may be held accountable for any resulting harm.
- Inadequate Access Control: Failing to control access to a property or failing to secure gates, fences, or entrances can lead to security breaches and subsequent claims of negligence.
- Failure to Warn: If a property owner is aware of specific security risks on their premises but does not adequately warn visitors or tenants, they may be liable for any resulting harm.
- Inadequate Safeguards in Residential Properties: Negligent security claims can also arise in residential settings, where landlords or property management companies fail to provide locks, secure entryways, or other safety measures.
- Negligent Maintenance: Failure to maintain security systems, such as alarms, locks, or surveillance cameras, can lead to negligent security claims if it results in security vulnerabilities.
- Negligent Security at Events: Event organizers can be held liable if they fail to provide adequate security measures at concerts, sporting events, or other gatherings, leading to injuries or property damage.
It’s important to note that the specific requirements for establishing a negligent security claim can vary depending on local laws and regulations. If you believe you have a negligent security claim, it’s advisable to consult with a legal professional who can evaluate the circumstances and help determine your legal options.
Seeking Justice in Providence Superior Court
Every day, innocent victims in Rhode Island and Providence Plantations suffer serious harm from violent crimes caused by negligent security at commercial establishments. In many situations, the serious crime could have be prevented by the property owner, manager or others through deterrence, maintenance and safety policies, surveillance cameras and security guards.
Many community businesses in Woonsocket, Providence, Cumberland, Warwick and Cranston lack sufficient security even though the potential for crime is foreseeable. Victims often attempt to seek justice to hold those responsible legally accountable for their damages. However, negligent security lawsuits in Kent County Superior Court and premises liability claims in RI can be very complex because they typically involve multiple companies and government agencies. In many cases, obtaining compensation will involve multiple victims and separate insurers. Because of that, it is essential to hire a Rhode island personal injury attorney or a RI premises liability lawyer who specializes in premises liability lawsuits and claims.
Most personal injury law firms in Rhode Island accept negligent security cases on a contingency basis. This provides victims instant legal access to seek financial compensation without the need to pay upfront legal fees. Successful RI premises liability attorneys and Rhode Island negligent security lawyers file claims for recompense on behalf of the victim while holding those at fault financially responsible.
Legal Notice per Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.