Negligent Security As The Basis For A Wrongful Death Case
When a wrongful death attorney assesses a case, they typically focus on what the proximate cause of the victim's passing was. One of the more interesting theories that might be potentially applied to determining the proximate cause is what is known as negligent security. Take a look at what negligent security is and how it might apply to your claim or suit.
Defining Negligent Security
Violent crime at a specific location can become so prevalent that civil law assumes a reasonable person would do something about it. For example, a bar may become such a common place for fights that society would expect the bar's owner to install cameras and hire bouncers to get the problem under control. If they fail to do this after several incidents in a short period, that fact may become a cause of civil action if someone is hurt or killed. In other words, the bar's handling of its security issues is deemed negligent.
Evidence of Negligence Toward Security Problems
A wrongful death law firm may try to build a record that shows when and how incidents got out of hand at the location. Lawyers will look at the police records for the place to determine if there is a pattern of problems. Similarly, they'll pull news articles for the same reason. They might even contact folks who are there to learn if a pattern exists.
Suppose a warehouse was the subject of a pattern of break-ins and a security guard there was eventually killed by perpetrators. If the warehouse's operator didn't take additional steps once the problem was evident, that might be negligent. A reasonable person in a similar situation might install cameras, add an alarm system, put up fences, and get a guard dog. They could also put on more security personnel, rather than leaving one guard to fend off multiple assailants.
Implications for Claims and Suits
The major implication of proving negligent security is that it opens up at least one more possibility for naming a defendant. Generally, in cases involving violent deaths, an individual who struck, shot, or stabbed the victim is going to be the target of the case. That can pose a lot of challenges if the assailant is never found or doesn't have any resources to pay a settlement or judgment. It also improves accountability in cases where business owners failed to take appropriate measures to secure their premises.
To learn more, contact a wrongful death attorney.