Inadequate Security Lawyer in Massachusetts

What Is Inadequate Security Liability

Inadequate security, sometimes called negligent security, is a category of premises liability that holds property owners responsible when criminal acts against guests or visitors were foreseeable and preventable through reasonable security measures. When a business, landlord, hotel, shopping center, bar, apartment complex, parking garage, or other property owner knew of a risk of violent crime on their property and failed to take reasonable steps to prevent it, they may be liable for the injuries those crimes cause.

Foreseeability: The Key Legal Issue

The central question in any inadequate security case is whether the criminal act was foreseeable to the property owner. Evidence of foreseeability includes prior similar incidents at the same property or in the surrounding area, complaints about safety concerns that were ignored, known drug activity, previous assaults or robberies in the same area, and any other information the property owner had about the risk of crime. A property owner who ignores these warning signs and fails to implement reasonable security measures is liable when a preventable assault occurs.

What Constitutes Reasonable Security

Depending on the type of property and the known risks, reasonable security measures may include adequate lighting in parking areas, hallways, and common spaces; functioning door locks and controlled access to restricted areas; trained security personnel proportional to the risk level of the property; security camera systems covering common areas; emergency call systems in elevators and parking facilities; and prompt response protocols for security incidents. The standard is proportional to the foreseeable risk.

Common Inadequate Security Settings

• Bars and nightclubs with histories of violent incidents that fail to employ adequate security staff
• Apartment buildings with broken entry locks or inadequate lighting in parking areas and hallways
• Hotels with compromised room security or inadequately lit parking facilities
• Shopping malls and retail parking areas in high-crime areas without adequate lighting or security patrols
• Parking garages with limited visibility, inadequate lighting, and no security presence
• Schools and daycare facilities that fail to control access to the property

Compensation Available for Inadequate Security Victims

Victims of assaults on negligently secured property can recover the same categories of compensation available in any personal injury case: all medical expenses, lost wages and future earning capacity, pain and suffering including psychological trauma and PTSD, and the full cost of any ongoing mental health treatment. Attorney Lavey pursues these claims aggressively and ensures that the psychological impact of violent crime, which can be profound and lasting, is fully reflected in the damages presented.

Frequently Asked Questions