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Omaha Negligent Security Lawyer
Fighting for Nebraskans who were injured because of negligent security on someone else’s property
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When you visit a friend’s apartment or stop by a local business to run your errands, the possibility of falling victim to a violent crime may or may not be top of mind for you. Property owners, however, are supposed to take these risks seriously. While responsibility for violent crimes should always land squarely upon the shoulders of the actual perpetrator, there are some cases in which a property owner could be considered liable for certain losses related to an attack.
Even seemingly minor safety concerns like broken locks and missing security cameras can contribute to life-altering incidents with major implications for a victim’s health and financial security. When property owners fail to take reasonable steps to prevent visitors from suffering foreseeable harm, they may face calls for accountability for their negligent security.
In Nebraska, negligent security cases generally fall under premises liability law. Cases like these require careful investigation, and it’s important to consider all of the relevant facts before making any sweeping assumptions about liability. Just because a crime occurred on someone else’s property doesn’t mean the property owner can automatically be held responsible. However, if an investigation reveals that a property owner ignored or failed to properly respond to foreseeable safety issues, it may be worth consulting with an experienced premises liability lawyer.
At Inserra Kelley Cooper Sewell, we think it’s important for victims of crimes to seek justice in any and all available forms. While we don’t prosecute criminal cases, we can offer support in a civil premises liability claim if the facts suggest that the property owner’s negligence contributed to a preventable safety incident. If you were attacked on someone else’s property, contact us to learn more about your legal options. We’ll get you set up with a free consultation so we can explore any available avenues for helping you seek comprehensive justice.
How We Can Help
What is negligent security?
When a person or business responsible for a property fails to take reasonable steps to mitigate foreseeable safety risks, they may be deemed to have provided negligent security. While it’s nearly impossible to predict and plan for every possible safety risk, there are certain baseline practices that can help keep residents and visitors safe in public and private spaces. If a property owner’s failure to properly secure the premises allows someone to be harmed, their security lapses may come under scrutiny.
Negligent security cases can be complicated because the injured party must be able to show that the property owner knew or should have known about a safety risk and failed to respond appropriately. This can feel a bit subjective, but a thorough investigation and supporting evidence can convey what the property owner knew, when they knew it, and how their negligence contributed to the crime in question.
When can a property owner be held responsible?
It bears repeating that property owners aren’t automatically considered liable for any incident that takes place on their property. Sometimes, people engage in criminal activity even when proper safety protocols are in place. If, however, the evidence suggests that the property owner failed to respond to warning signs or intentionally avoided implementing certain safety protocols, an injured victim may be within their rights to take action against the property owner.
In order to pursue a claim against a property owner for negligent security, an injured victim will generally need to show that:
- The defendant actually owned, occupied, managed, or controlled the property in question
- The victim was lawfully on the premises at the time of the incident
- The defendant knew or reasonably should have known about a foreseeable safety risk
- The defendant failed to reasonably respond to that risk
- The defendant’s failure to address the safety risk contributed to the crime that injured the victim
- The crime resulted in the victim suffering identifiable losses
The foreseeability of the crime in question is often a primary consideration in these cases. Of course, humans can’t predict the future, so how does one determine whether a safety issue was actually “foreseeable?”
Under Nebraska law, foreseeability is determined based on the circumstances. The fact-finder will consider any and all factors that speak to what a property owner knew, when they knew it, and whether another reasonable person would have recognized the danger and taken action accordingly. The law also recognizes that, while businesses must exercise reasonable care for their patrons’ security, they cannot guarantee safety in every circumstance.
Where do negligent security incidents happen?
Negligent security claims can involve many different kinds of properties, both public and private. As Nebraska premises liability lawyers, our team commonly handles cases involving:
- Stores and shopping centers
- Gas stations and convenience stores
- Apartment complexes and other rental properties
- Hotels
- Schools
- Daycare facilities
- College campuses
- Music venues and event spaces
- Office buildings
- Parking lots and parking garages
- Restaurants
- Bars and nightclubs
Not all of these locations require the same kinds of security measures. A bar or nightclub, for example, will probably need different security protocols than an office park. When assessing whether negligent security played a role in a safety incident, our team has to consider the location itself. We need to know whether or not the property owner or manager employed appropriate and reasonable security measures given the nature of the location or the function of the business.
Examples of security failures
Not every business or property in Omaha needs to have its own security guard or other extensive security measures. The appropriate safety and security protocols for a location will depend on the property itself and the foreseeable risks associated with the location. Every case is different, but here is a brief overview of some common security failures that may become the subject of a negligent security case:
Broken locks or uncontrolled access
Employing controlled access measures in certain spaces can help shield authorized visitors from preventable harm. Property owners who fail to employ or maintain things like locks, gates, electronic access tools, or other measures may be putting their community members at risk and opening themselves up to potentially costly premises liability claims. If a property owner knows about a broken lock or malfunctioning security gate and fails to take steps to address the issue, they may share responsibility for a resulting safety incident.
Poor lighting and inadequate surveillance
Lighting isn’t just about convenience – it can be a critical safety feature in many public and private spaces. Poorly lit parking lots, hallways, alleys, stairwells, and other locations can become hotbeds of criminal activity. This is why it’s so important for property owners to ensure there is adequate lighting in these spaces. When property owners fail to utilize appropriate lighting tools or repair broken fixtures in a timely manner, they may face claims of liability if an attack of some sort takes place in a dimly lit space.
This is also where security cameras come into play. The mere presence of a security camera can serve as a crime deterrent. Security cameras may be particularly necessary for properties that have previously experienced safety issues. Not every property in Omaha is required to have security cameras, but a violent incident may raise important questions about whether the presence of security cameras could have prevented the incident in question.
Ignored complaints and warning signs
Sometimes, a property owner receives a direct warning before someone gets hurt. Tenants may report suspicious people entering an apartment building, for example, or customers may tell employees that someone is making threats inside a business.
Previous crimes on or near the property can also put an owner or manager on notice of a recurring danger. Failing to investigate complaints, contact law enforcement, warn visitors, or take another reasonable step may support a negligent security claim if a similar incident later occurs.
Staffing issues and unenforced safety policies
Not every business has on-site security personnel, but those that do must take steps to ensure their staff is competent and capable of performing the essential functions of their jobs. Failing to schedule or properly train security staff could constitute a security failure, particularly if the location has a history of violent incidents or other security problems.
Property owners who fail to adhere to their own safety and security policies may also face claims of liability if their policy violations are found to have contributed to a crime on the premises. For example, if a daycare facility requires ID checks for all adults entering the building, the facility may be deemed liable if a staff member fails to ID a visitor who goes on to harm a student.
Just because you think a business should have had different security measures in place doesn’t necessarily mean the courts will agree with you. Negligent security cases hinge on reasonableness and risk. You need to be able to show that the property owner failed to implement protocols that another reasonable property owner would have employed based on the level of risk present.
Who can be deemed liable for negligent security?
If you suspect that negligent security played a role in your attack, you’ll want to look at all potential sources of liability. The property owner may be the first subject of our investigation, but responsibility may actually fall to a variety of other parties. It depends on the facts of your case and the circumstances surrounding the incident that injured you.
When reviewing the evidence, our team may end up focusing our attention on:
- The property owner
- A sublessor or commercial tenant
- The management company responsible for overseeing the property
- An event organizer
- Private security companies or individual employees
- Maintenance providers and other contractors responsible for locks, gates, security systems, or other safety tools
Sometimes, multiple parties share responsibility for a safety incident. By looking at all possible sources of liability, our team can build more comprehensive claims and fight for the maximum amount of compensation that may be available to our clients. We cannot guarantee any specific outcome in your case, but we can work to cover all our bases by conducting thorough investigations into everyone and everything that may have played a role in your case.
Why work with Inserra Kelley Cooper Sewell?
If you were the victim of a violent crime, you may be struggling with your physical and mental health. We know that adding a complicated legal claim into the mix can be overwhelming, but we sincerely believe that taking action against negligent parties can play an important role in the healing process for many survivors.
Property owners and managers may be inclined to push back aggressively against claims of negligent security. That’s why it’s so important to work with an experienced premises liability lawyer who understands the challenges associated with these cases and can advocate for their clients without placing them under unnecessary stress.
At Inserra Kelley Cooper Sewell, we understand how taxing the legal process can be, particularly for folks who are already dealing with the physical and mental toll of an attack. Our team has spent over 65 years fighting for injured Nebraskans, and we are dedicated to providing compassionate, reliable legal support to the people who make up our community.
When you work with us, you can count on our team to handle the hard stuff while you focus on recovering from your injuries. We offer free, no-obligation consultations and don’t charge any attorneys’ fees unless we recover compensation for our clients. We know that any sense of safety is probably hard to come by right now, but our profound hope is that we can help you regain a sense of control and faith in your community.
Frequently asked questions about negligent security
Is a business responsible every time a customer is attacked?
No. Just because an incident took place on someone else’s property doesn’t automatically mean the property owner is responsible. A premises liability claim only becomes part of the conversation in cases where a property or business owner failed to take reasonable steps to prevent foreseeable harm.
What if my attacker was never convicted?
What evidence is required in a negligent security case?
Speak with an Omaha negligent security lawyer
If you were the victim of a crime on a poorly secured property, it may be worth taking a closer look at all of the factors that may have contributed to your suffering. When property and business owners fail to demonstrate reasonable care for the safety of others, their role in a safety incident should be thoroughly explored.
The team at Inserra Kelley Cooper Sewell understands how complicated and taxing these cases can be, but we are prepared to do everything we can to hold negligent property owners accountable for their failures. Call, fill out our form, or stop by our Omaha office at 6790 Grover Street, Suite 200, to schedule a free consultation, and let’s discuss how we can help you fight for the justice you deserve.