In Massachusetts, property owners and managers are required to provide a safe environment for visitors, residents, and employees. One aspect of this responsibility is to make sure security measures are in place to prevent foreseeable criminal acts. Negligent security refers to the failure to provide reasonable security measures, leading to harm or injury. This article delves into Negligent Security in Massachusetts, examining its consequences and providing essential information for victims.

What is Negligent Security

Negligent security is categorized within the scope of premises liability law, which holds property owners responsible for injuries sustained on their property due to dangerous circumstances. In the context of negligent security, the focus is on the failure to protect individuals from criminal acts such as violence, robbery, or theft.

Key elements of negligent security include:

• Inadequate Lighting: Poorly lit areas can create an environment conducive to criminal activity.
• Lack of Surveillance Cameras: The absence of surveillance can embolden criminals and hinder the investigation of crimes.
• Faulty Locks or Security Systems: Broken locks or malfunctioning security systems can provide easy access to intruders.
• Insufficient Security Personnel: A lack of trained security guards can leave a property vulnerable to criminal activities.

Legal Standards in Massachusetts

In Massachusetts, the standard for determining negligent security is based on foreseeability. Property owners are not expected to be fortunetellers, but they are required to take reasonable steps to prevent foreseeable criminal acts. This means that if a property is located in an area with a high crime rate or has a history of criminal incidents, the owner is expected to implement appropriate security measures.

Sample Case Examples (Hypothetical)

• Jane Doe v. XYZ Apartments: In this hypothetical scenario, Jane Doe was assaulted in the parking lot of XYZ Apartments, which had a history of similar incidents. The court determined that the apartment complex was negligent in not providing sufficient lighting and security patrols, which could have potentially deterred the assailant.
• John Smith v. City Mall: In another hypothetical case, John Smith was robbed at gunpoint in the poorly lit parking garage of City Mall. The mall had no surveillance cameras in the garage despite previous reports of theft. The court ruled in favor of Smith, citing the mall's failure to address known security deficiencies.

The Role of Security Experts

In cases of negligent security, the expertise of security professionals is frequently pivotal in determining the sufficiency of security measures. They assess aspects such as:

• Location and Crime Statistics: Analyzing the crime rate in the surrounding area to determine the level of security required.
• Physical Security Measures: Assessing the presence and effectiveness of locks, alarms, lighting, and surveillance systems.
• Security Personnel: Evaluating the training, presence, and actions of security guards or staff.

Steps for Victims

If you believe you are a victim of negligent security, there are several steps you should take:

Seek Medical Attention: Your well-being and safety are of utmost importance. Prompt medical care not only addresses immediate injuries but also provides documentation that can be crucial in any legal proceedings.

1. Report the Incident: Notify the property owner and local law enforcement.
2. Document Everything: Maintain documentation of all medical appointments, police reports, and correspondence with the property's owner.
3. Contact a Lawyer: Consult with an attorney who specializes in negligent security cases to understand your rights and options.

Preventative Measures for Property Owners

To avoid negligent security claims, property owners should:

• Conduct regular security assessments.
• Install and maintain adequate lighting, locks, and surveillance systems.
• Hire trained security personnel and ensure they are visible and proactive.
• Respond promptly to reports of criminal activity or security breaches.

Conclusion

Negligent security is a significant issue in Massachusetts, with property owners legally required to ensure a safe environment. Individuals affected by negligent security are entitled to pursue compensation for their injuries and losses. If you or someone you know has been affected by negligent security, it is important to understand your rights and seek legal assistance.

Do You Have an MA Negligent Security Claim? Our Personal Injury Lawyers Can Help

Even though a case for negligent security may seem simple, it can be difficult to prove in court. Having an experienced negligent security lawyer on your side might make a big difference in your case.

With years of experience, Brandon J. Broderick, Attorney at Law, guides clients through these issues.

For a free consultation, reach out to us right now. Let us assist you in understanding your case.