Whenever you go to a restaurant, nightclub, or movie theater, do you check for the nearest exit?
It’s something we all take for granted, but we should always make note of the exits, just in case. You also want to take precautions when parking to ensure you’re in a safe area. In fact, no matter where you go, you need to take a moment to become aware of your surroundings.
Taking precautions doesn’t mean you are absolving the property owner of the place you’re visiting of any responsibility regarding your safety. They still are responsible for maintaining a safe environment.
In some situations, that safe environment extends to providing adequate security. If those property owners fail in their obligations and someone becomes injured, they could be held liable in a premises liability lawsuit. Although a premises liability claim can pertain to the issue of negligent security, there are some important distinctions that you need to understand in order to move your case forward.
The experienced attorneys at Owen, Owen & Smith, PLLC can help explain those distinctions. The following is a general overview of what you can discuss in your initial consultation with our team.
What Are the Mississippi Visitor Categories?
Before you can file a premises liability claim, you have to establish why you were on the property in the first place. A property owner’s legal responsibility depends on the type of visitor you were. According to Mississippi law, you would fall into one of the following categories:
Invitees
An invitee is someone who enters onto a property to engage in a business transaction. For instance, a customer at a store, a patron at a movie theater, or a guest at a restaurant would be considered an invitee. Property owners owe the highest duty of care to invitees.
That means they need to regularly inspect their property for any potential hazards. If hazards are detected, they need to be repaired and adequate warnings provided to invitees.
Licensees
A licensee is a social guest who enters a property with the owner’s permission. If you were invited to a friend’s or neighbor’s house for a party, you would be a licensee. A property owner has a duty to warn you of any hazards they are aware of, or they should be reasonably aware of.
For instance, if the front porch steps are wet and slippery, the homeowner should warn any visitor to be careful.
Trespasser
A trespasser is someone who does not have permission to be on the property. In most cases, the property owner owes no duty of care to a trespasser.
The only exception is the attractive nuisance doctrine, which applies to situations where children might wander onto a property and harm themselves. For instance, if a child wanders into your backyard and hurts themselves in a swimming pool or an abandoned car, you could be held liable, even though you didn’t invite them onto the property.
What Is a Negligent Security Charge?
Negligent security focuses on one of the responsibilities that a property owner owes to a licensee. Typically, when someone has become the victim of a crime such as assault or robbery at a business, the lack of proper security measures can be a factor.
This is especially relevant if the business is located in an area with a high crime rate. Certain types of businesses, such as bars, nightclubs, and music venues, may be more prone to criminal activity.
In those types of businesses, the property owner has a duty to deploy such security measures as:
- Security cameras
- Lighted parking areas
- Security guards
- Working locks
- Lighted parking lots
- Fencing or security gates
Under the legal theory of premises liability, if a business owner fails to implement reasonable security measures and a criminal act occurs on the property that causes injury, the owner may be held financially liable.
How to Prove Negligent Security in a Premises Liability Claim
If you’ve been the victim of a crime at a business or commercial property, you may be entitled to seek compensation to cover any losses. Those losses can include all your medical expenses related to the attack, property damage, and pain and suffering. You can also be compensated for any mental anguish.
Before you can reach a settlement, you and your Gulfport negligent security lawyer need to prove the following elements:
- That you were a victim of a crime that happened at the defendant’s premises as an invited visitor.
- That the property owner had a duty to employ proper security measures.
- That the owner negligently failed to meet this duty.
- That the criminal act would not have occurred if the owner had provided adequate security measures.
Obviously, it is impossible for any business owner to fully prevent crime on their property, but they still have a duty to evaluate and address potential security risks. When owners fail to meet that responsibility, the attorneys at Owen, Owen & Smith, PLLC can help pursue a claim. We can discuss the options for moving forward with you during your first consultation.
If we agree to work together, we will devote all the resources of our office to help you receive the maximum benefits you are entitled to. Call to set up the consultation today. You owe it to yourself to understand your options.
