Many businesses regrettably draw the attention of certain criminal elements. The business owners, who are often aware of that draw, must take certain security measures to properly protect their place of business and their customers from a foreseeable danger.
Implementing basic security measures is the responsibility of the business owner. Failure to do so can result in legal action from an injured person, who can have an effective case with the help of a Santa Fe negligent security lawyer.
In New Mexico, negligent security occurs when a property owner fails to establish adequate security, and that failure results in injuries or damages to a customer or a visitor. Failure to provide adequate security for a home or business could open business owners up to a premises liability claim.
To prove a premises liability claim, you must first prove the existence of certain facts related to the claim. These include:
If you wish to pursue a premises liability claim with negligent security as your foundation, the statute of limitations for such a claim is three years. Therefore, you will have three years from the date of your injury to start developing a case, gather evidence, speak with a lawyer, and file a claim for compensatory damages. If you cannot file your claim before three years is up, your case will likely be dismissed. Building a claim can take some time, so it’s critical to do so as soon as possible, ideally with the aid of an attorney.
If a property owner fails to provide any form of adequate security, they may owe the injured party compensation for damages if foreseeable harm were to happen to them. This includes accidents and intentional attacks alike. Many different crimes can occur as a result of negligent security, including robberies, assaults, and even murders.
Here are some examples of negligent security that can lead to serious situations:
A: Generally, the most common accident involving security officers while working is a slip, trip, and fall. Working as a security guard requires you to stand and walk around a lot. If the place you are guarding is not properly maintained, has a lot of uneven flooring, and is inadequately lit, you could easily trip and fall. Sometimes, a bad fall can result in a catastrophic injury, such as a traumatic brain injury or a spinal cord injury.
A: Security guards encounter all sorts of crime while doing their job. One of the most common crimes that security guards tend to encounter is property damage. Trespassers and vagrants can sometimes break windows, damage vehicles on the property, and paint graffiti on the walls of the building, among other crimes in Santa Fe. Security guards also encounter burglary, violence, and theft on a daily basis, depending on the area they are guarding.
A: Generally, the most common failure experienced by security guards is a lack of proper training. It is not enough to hand a new hire their keys and hat, and then send them on their way. They need to be trained properly in how to handle any potential situation that could arise. This includes communication skills, de-escalation training, and other basic techniques that are relevant to the job at hand.
A: For most property owners, the biggest security concern present in their daily operations is theft and/or burglary. Nobody wants to be stolen from, and theft prevention is one of the primary reasons why property owners establish any kind of security in the first place. Theft and/or burglary can be quite easy to prevent if the property owner wishes to invest in genuine security for their property.
Being the victim of negligent security can be frustrating, confusing, and embarrassing. If you ever find yourself in such a situation, it is vital that you reach out to a negligent security attorney. They know how to establish foreseeability and develop a case that reflects how you have been taken advantage of by a negligent property owner.
Berenson & Associates, PC, can build your case into a strong premises liability claim, gather the evidence you need to support your argument, and represent your interests throughout this entire process. Contact us to schedule a consultation as soon as possible.
Fields Marked With An “*” Are Required