Duty of Lexington Landowners and Possessors in Negligent Security Claims

Property owners and occupiers have responsibilities toward people who lawfully enter their premises. These responsibilities can include taking reasonable security measures when criminal activity presents a foreseeable risk. If inadequate security allows violent crime to occur on the premises, the owner or occupier can face civil liability.

Negligent security cases require more than proof a crime occurred on someone else’s property. You must prove the party in control of the property failed to address a foreseeable risk of crime, which ultimately led to your injuries. Learn about the duty of Lexington landowners and possessors in negligent security claims from the dedicated negligent security attorneys at Circeo Law Firm.

What Is a Negligent Security Claim?

Negligent security is a type of premises liability claim stemming from a property owner or occupier failing to take reasonable precautions against foreseeable criminal conduct. These claims can involve a wide range of properties, but they are especially common in apartment complexes, hotels, and shopping centers. Numerous security problems can also lead to a suit, including:

• Broken locks
• Lack of guards
• Inadequate lighting
• Unsecured entrances
• Malfunctioning gates
• Lack of security cameras

A property owner is not automatically responsible whenever a third party commits a crime. The central issue in a Lexington negligent security case is whether the property owner or occupier breached a duty of care.

What Duty Do Landowners Have to Provide Security?

A landowner generally has a duty to exercise reasonable care to protect visitors under the circumstances. For a negligent security claim in Lexington, this duty can apply to a person who owns or controls property when criminal activity presents a foreseeable risk.

Foreseeability is a central legal issue in each of these cases. A landowner may have reason to anticipate criminal activity because of previous incidents or a pattern of crime, making a failure to respond to an issue. Reasonable care does not require a landowner to guarantee your safety or prevent every possible crime. Instead, the question focuses on what precautions a reasonable property owner would have taken under similar circumstances.

What Duty Does a Possessor of Property Have?

A landowner or possessor can have important responsibilities in a claim involving negligent security in Lexington, even if another person or company owns the premises. Control often matters because the party managing day-to-day operations has the practical ability to foreseeably identify hazards and make security decisions.

More than one party can share responsibility. In some situations, both the landlord and the tenant can share blame for allowing criminal activity on the property, allowing us to pursue multiple parties for resulting damages in a liability claim.

How Does Foreseeability Affect a Landowner’s Duty?

In a negligent security case in Lexington, foreseeability helps determine whether a landowner or possessor had a duty to anticipate a risk of criminal conduct. Evidence of prior incidents can play an important role, but negligent security claims do not necessarily depend on whether an identical crime previously occurred at the same location.

Courts consider the circumstances surrounding the property and the risk. Warning signs can help establish what the responsible party knew or should have recognized, including:

• Previous police calls
• Recurring security failures
• Reports of threats or assaults
• Complaints from tenants or customers

The appropriate security response depends on the risk. A property with a history of unauthorized entry, for example, can require different precautions from a property with no security problems. Our attorneys can compare the danger the responsible party knew about with the precautions in place before the incident.

Speak With Our Lexington Attorneys About Negligent Security Duties of Landowners and Possessors

Negligent security claims often depend on what a landowner or possessor knew before an attack and whether reasonable precautions could have reduced the danger. At Circeo Law Firm, we can investigate the property’s history and determine whether the criminal activity was foreseeable. We offer consultations and case reviews with no up-front fees and boast a track record of successful verdicts, showcasing our dedication to securing fair compensation for our clients. Contact us for a private consultation to discuss the duty of Lexington landowners and possessors in negligent security claims.