Charlotte Inadequate Security Attorney

Shopping mall managers and operators of parking garages, and other commercial property owners or operators are responsible for the safety of their patrons. While no security force or device can prevent all violent attacks, management and owners are expected to exercise a reasonable duty of care to ensure the safety of customers and visitors. Generally speaking, a property owner is not liable for the criminal acts of third parties; however, where the property owner knew or should have known of the likelihood of criminal activity occurring — and failed to take adequate security precautions — the law can hold the property owner liable for injuries caused by such criminal activity.

Adequate security is a subjective concept, but maybe expected to include one or more of the following:

• Security patrols
• Surveillance cameras
• Alarms and “hotline” telephones placed where threatened visitors can call for help
• Adequate lighting
• Adequate railings
• Slip-resistant mats at entryways
• Windows, mirrors, and other means of vigilance
• Warnings to clients of known dangers

When our premises liability lawyers take on-premises liability-related injury cases, we look at key factors that may give indications of negligence on the part of owners or managers of commercial properties. Examples of such key factors may include the following:

• History of crime in the area, or “crime mapping,” which should have warned management personnel of vulnerabilities
• Examination of police reports in search of clues as to whether security was inadequate, including surveys that may have even been performed by the police for the benefit of the commercial property owner.
• Testimony of eyewitnesses, including customers who had often visited the property where a violent attack occurred

An important question, regardless of what we learn about a property’s past, will be this:
What did owners or managers do to address problem areas that involved security? For example, if criminal activity often occurred on one side of a shopping mall, preventive measures such as the installation of fences, surveillance cameras, or additional patrols may have been reasonable. If these types of actions were not taken, a premises liability claim on behalf of our injured client may be stronger.