Tennessee law requires all property owners to maintain reasonably safe premises for their visitors. Obviously, there is no such thing as total security, and not every danger can be anticipated. But owners may be held legally liable if they fail to maintain a basic level of security, and customers or visitors are seriously injured as a result.
When is a Business Owner’s Negligent Security to Blame?
Negligent security falls under the category of premises liability. In Tennessee, a proprietor is responsible for failing to exercise reasonable care in the face of a known or easily knowable risk. For example, let’s say a retail store is located in a high-crime area where an unusual number of robberies have been reported in recent months. If the store owner fails to take reasonable safety measures —such as ensuring adequate lighting in the parking lot and posting security guards at night — and another customer is robbed. The victim may have grounds to file a premises liability lawsuit.
This is just one hypothetical example. Here are some other scenarios where negligent security may implicate a property owner:
- A hotel does not have security cameras or lock its front door overnight, and an attacker subsequently enters the building and proceeds to rape a guest
- The crowded bar does not hire security guards or bouncers despite a history of drunken and disorderly conduct
- A fight breaks out between two drunken patrons, and an innocent third party is injured in the melee
- The security guard hired to monitor an office building leaves the premises during work hours, and an assailant enters the offices while the guard is away, stealing their contents.
Essentially, in any situation where there is a foreseeable risk to patrons, the business proprietor must exercise common sense to ensure everyone’s safety.
60 Years Combined Legal Experience Working for You
Negligent security cases are not easy to win. If a security lapse is a one-time affair, the owner may escape liability. The victim typically needs to demonstrate that there was a pattern of criminal activity or known security risks that the owner knowingly ignored.
The Nashville personal injury attorneys at Bednarz & Bednarz have successfully handled numerous cases similar to this one. We can investigate a property owner’s negligent acts as well as the overall security problems in the surrounding area. Several factors are at play in a negligent security case, including the frequency of reported criminal activity, the prior knowledge of the premises’ owner, and the relative costs of implementing additional security measures in light of the likelihood of harm to visitors. We can help you — and a judge and jury, if it comes to that — see the whole picture.
Providing Representation to Hendersonville & Tennessee
There is nothing worse than becoming the victim of a violent crime, especially in a place where you have reasonable expectations of safety. An attack can leave you with significant physical and psychological injuries. Where negligent security is at least partially to blame for those injuries, you should not hesitate to seek compensation from the property owner. Call 615-256-0100 or contact us online to schedule a consultation with one of our attorneys.
