Business Owners: Beware of Negligent Security Claims

Business owners face a wide variety of legal risks, not least of which are personal injury claims based on premises liability. Most business owners go out of their way to ensure the physical safety of their premises to avoid these kinds of legal claims; the last thing they need to worry about is additional legal claims based on the actions of third parties on their property. While North Carolina law allows for such claims — known as “negligent security” claims — our North Carolina personal injury defense attorneys can help business owners defend against them. 

The Basics of Premises Liability 

Premises liability law in North Carolina is fairly straightforward (at least in comparison to many other states). The general rule is that property owners owe lawful visitors the duty of reasonable care to not unnecessarily expose them to dangerous conditions and to warn them of any hidden dangers they know about or could have discovered through reasonable supervision. Property owners do not have to warn of obvious dangerous conditions or dangerous conditions about which the visitor has equal knowledge, nor are they required to warn about concealed conditions they did not know about and could not have discovered through reasonable supervision. 

To succeed on a claim for negligent security in litigation, a plaintiff must prove: 

1. The property owner owed them a duty of care (i.e., as a result of being lawfully present on the property) 
2. There was a dangerous condition on the property 
3. The property owner knew or should have known of the dangerous condition and that it could cause injury 
4. The property owner failed to take reasonable steps to correct the dangerous condition or warn the visitor of it
5. The visitor suffered damages 

While the burden of proof in premises liability claims, including negligent security claims, is always on the plaintiff, there are several strategies defendants can use to rebut a plaintiff’s claims. Discuss them with one of our North Carolina personal injury defense attorneys. 

How Negligent Security Fits In 

The “dangerous condition” required for premises liability claims does not necessarily need to be an environmental danger — e.g., an icy parking lot, rickety stairs, or loose light fixtures. It can also be a human danger. While property owners generally do not have a duty to protect visitors from the criminal actions of others, there is an exception to that rule when the criminal actions of others are foreseeable. The basis of negligent security is that property owners owe lawful visitors the duty of protection from foreseeable criminal actions. With these types of claims, the plaintiff alleges that the “dangerous condition” is the criminal action, that the property owner knew or should have known that the criminal action could occur and could cause injury, and that the property owner failed to take reasonable steps to prevent it. 

Determining Foreseeability 

The foreseeability of the criminal action at issue is often a sticking point in negligent security cases. Humans are unpredictable, so it’s difficult to say definitely whether a specific criminal action was truly foreseeable. Some factors courts consider when determining whether a criminal action was foreseeable include:

• The location of the property (e.g., high-crime area vs. low-crime area)
• The history of the property (e.g., whether there have been previous criminal incidents on or near the property)  
• The nature of the use of the property (e.g., nightclubs are more likely to have violent criminal incidents than dentist offices) 

Plaintiffs face a high bar to show that a particular criminal action was foreseeable to a particular property owner, but you should still consider speaking to a North Carolina personal injury defense attorney if you are facing allegations of negligent security. 

Issues That Can Lead to Negligent Security Claims  

There are a variety of security issues that can lead to criminal actions that, in some cases, can lead to negligent security claims. A few examples include: 

• Inadequate lighting
• Unsecured doors and windows
• Unkempt or overgrown landscaping 
• Malfunctioning emergency warning systems 
• Unhindered ingress and egress to the property 
• Missing or faulty security systems, cameras, or other equipment
• Improper screening of visitors to the property 
• Inadequately trained security staff (or no security staff)

Property owners can and should take reasonable measures to maintain the security of their premises, such as by keeping the property secure, installing proper lighting and security equipment, and training staff (including security staff) on threat minimization procedures. 

Defenses in Negligent Security Cases 

Unforeseeability

Perhaps the greatest hurdle for plaintiffs to overcome in negligent security cases is proving that their injuries were foreseeable. Therefore, defendant property owners can point to circumstances and evidence that indicate that the particular injury the plaintiff suffered was not foreseeable. Such evidence can include the general safety of the area, no prior criminal actions on the property, and the presence of security personnel, among other evidence. 

Trespass 

Property owners owe only lawful visitors a duty of reasonable care. That duty does not extend to trespassers upon their property. The only duty property owners owe to trespassers is the duty to refrain from causing willful or wanton injuries, and it would be difficult (if not impossible) for a trespasser to argue that a third party’s criminal action was willful or wanton conduct by the property owner. 

Intentional Conduct by Plaintiff 

North Carolina law permits plaintiffs to recover damages in negligence actions only if the plaintiff is 0% at fault for their injuries. Contributory negligence or intentional actions by plaintiffs are an absolute bar to recovery. Thus, in a negligent security case, a defendant could argue that the plaintiff was partially at fault for their injuries by provoking the criminal action at issue, for example. 

Fight Negligent Security Claims With Help From a North Carolina Personal Injury Defense Attorney 

Negligent security claims can catch business owners off guard, as the defendants are often as surprised as the plaintiffs when criminal actions occur on their property. The best way to fight such claims is with the assistance of an experienced attorney. For more information, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.