Business owners operating in the state of South Carolina have a responsibility to put in place reasonable measures designed to ensure that the guests who enter their premises are kept safe. If you have suffered injury as a result of these measures being insufficient at a property that you visited, it could be worth your time to speak with an experienced Myrtle Beach negligent security lawyer. With this point in mind, it is worth taking a further look at what is meant by the term negligent security.
What Is a Negligent Security Case?
Negligent security cases involve crimes that were committed as a result of security measures on a property that was inadequate/negligent. Business owners in the state of South Carolina could be liable if they fail to provide sufficient levels of security on their premises and that failure leads to an assault, injury, or death.
South Carolina businesses have a duty under the law to ensure that their customers/visitors are safe while on their premises. Providing an adequate level of security is a way to prevent foreseeable dangers from occurring. This includes robberies and assaults. Negligent security cases can come about from incidents that occur in a wide range of properties such as:
- Convenience stores/gas stations
- Apartment complexes
- Sports arenas/stadiums
- Parking lots/parking garages
- Big box stores
- Swimming pools
- Daycare centers
- Malls/shopping centers
- Public parks
- Amusement parks
- Special events
What Constitutes Negligence in a Negligent Security Case?
If a property/business owner understands or should understand that a third party presents a risk to the guests who visit their premises but fail to take action, this is considered to be a form of negligence. Speaking from a legal standpoint, negligence refers to injuries that were caused as a result of an individual failing to meet their responsibilities for ensuring a safe environment.
In terms of establishing a negligence claim, there are three key factors to consider. They include:
- Duty of Care Was Breached – A breach of duty of care involves a defendant failing to meet their responsibility to exercise a reasonable amount of care in a situation that could lead to harm.
- Cause of Harm – Cause of harm refers to harm that was caused to an individual as a result of a defendant’s breach of duty of care.
- Losses – Losses refer to financial, physical, and emotional losses the victim suffered as a result of their injuries.
To specifically discuss this topic within the scope of negligent security, it is important to understand that you must demonstrate that a property owner had a duty to keep their premises safe from foreseeable dangers and failed to do so. You must show that this failure led to your injuries. It is also important for you to document your losses and quickly seek medical attention after the incident occurs.
How Do You Go About Proving a Negligent Security Claim in South Carolina?
To prove a negligent security claim in the state of South Carolina, you have to establish your right to financial compensation by proving certain elements. These elements are similar to what must be shown in other types of cases involving negligence. They include:
- You were owed a duty of care by the property owner. Your premises liability lawyer will examine a variety of authorities to establish the duty of care that you were owed by the property owner. Duty of care is established in a variety of ways including laws and regulations, community standards, and corporate policies.
- You must also demonstrate that the defendant failed to meet the duty of care that they owed you. This could include a property owner failing to have a security system in place or failing to hire a security guard to watch over their premises.
- You must show that the property owner’s breach of duty of care contributed to or caused the injuries that you sustained.
- Another point that is important to demonstrate is that the criminal actions that led to your injuries were reasonably foreseeable by the property owner.
When Are Business Owners Responsible in Negligent Security Cases?
Cases involving negligent security fall under the umbrella of premises liability. This makes the assumption that property owners owe a duty of care to those individuals who are present on their premises to keep them reasonably safe from potential harm. In many circumstances, property owners are not liable for criminal acts committed by a third party on their premises. This fact does not absolve them from their duty of care if they invited you to come onto their property while knowing that they lacked adequate levels of security. If you were injured as a result of this type of negligence, the property owner is most likely liable for the losses that you suffered and you could benefit from speaking with an experienced Myrtle Beach negligent security lawyer.
To determine if a dangerous situation was foreseeable, there are two key tests that the courts will conduct. They are:
The Prior Similar Acts Test: This refers to a case where the defendant was aware of multiple, recent, similar crimes and failed to take steps to mitigate the danger.
The Totality of Circumstances Test: This refers to negligence on the part of a defendant if the area where their property is located is known as a haven for criminal activity and failed to take steps to keep guests safe.
In either of these situations, the argument is put forward that the defendant should have increased the security measures that were in place at their property to protect you from suffering injury/assault on or near the premises.
Contact Our Myrtle Beach Negligent Security Lawyer for Help
If you have suffered from serious injuries due to negligent security while present at a South Carolina property, we understand that you are going through a difficult, challenging time. While it is true that nothing can undo what happened to you, it is important to understand that you may be entitled to significant financial compensation that can aid you in your recovery. Our Myrtle Beach negligent security lawyer here at Jebaily Law Firm can conduct a thorough, independent investigation of the incident that led to your injuries while working to preserve evidence. Our goal is to assist you in getting the compensation that you are due from the parties responsible for your losses.
To contact our offices, you can give us a call at 843-438-4357 or you can message us online.