Our Nashville negligent security lawyers can help bring justice to those injured at bars, restaurants, hotels, shopping centers, and other premises.
The experienced Nashville personal injury lawyers at David Randolph Smith & Associates have the expertise to handle complex negligent security cases in Tennessee.
What is negligent security?
Negligent security is a form of premises liability, a legal theory which holds that a landowner or tenant may be liable for harm that comes to visitors on their property.
When a property owner invites or allows visitors onto their land, the owner must take reasonable precautions to protect their visitors from outside harm.
This duty includes exercising adequate security measures to protect their guests from third-party wrongdoers.
When a wrongdoer enters a property and causes harm to a lawful visitor, the injured visitor may be able to assert a Tennessee negligent security lawsuit against the property owner for failure to provide the guest with adequate security.
If you are robbed, hurt, or assaulted on someone else’s property, the landowner may be liable for your injuries due to their failure to provide you with adequate security. Our Nashville negligent security lawyers can help.
What legal duty do businesses and landowners have?
Whether a property owner’s security measures are deemed “adequate” will depend on the details of the situation. Considerations such as lack of security personnel, faulty gates or other protective barriers, and poor lighting in a parking lot are just a few of the factors that may contribute to a negligent security claim, but each of these factors is relative to the property owner’s duty of care.
“Duty of care” refers to a property owner’s responsibility to take reasonable measures to ensure that guests and visitors are not harmed on their property. The safety measures that a property owner is required to take will vary depending on what type of property, and what type of guests, are involved.
Historically, tort law recognized different types of “guests.” The first type, a licensee, is an individual who has the owner or tenant’s permission to enter the property, often as a social guest. The second type, an invitee, is one who enters another’s property for reasons of conducting business, such as a customer at a shopping mall.
The Tennessee Supreme Court considered the duty of a business owner to protect guests from foreseeable criminal attacks on their premises in McClung v. Delta Square Limited Partnership.
In McClung, the plaintiff’s wife, a customer at a shopping center, was abducted from the parking lot, and later raped and murdered.
The Supreme Court in that case held that “the common-law classifications of one injured on land of another as an ‘invitee’ or ‘licensee’ are no longer determinative in Tennessee in assessing the duty of care owed by the landowner to the person injured; the duty owed is one of reasonable care under all of the attendant circumstances, foreseeability of the presence of the visitor and the likelihood of harm to him being one of the principal factors in assessing liability.”
Therefore, Tennessee negligent security lawsuits can arise when a business or property owner breaches its duty of care and an individual is harmed or assaulted in a shopping center, restaurant, hotel, or other commercial property. Proving the existence of a legal duty requires a competent Nashville negligent security lawyer.
When are security measures inadequate?
Generally, allegation of inadequate security focus on the safety of the property. These negligent security claims focus on surveillance footage, exterior lighting, landscaping, and the presence of security personnel.
As the Tennessee Supreme Court explained in McClung: “By way of illustration, using surveillance cameras, posting signs, installing improved lighting or fencing, or removing or trimming shrubbery might, in some instances, be cost effective and yet greatly reduce the risk to the customer.”
Proving that a business or property had inadequate security requires a skilled Nashville negligent security. The Nashville personal injury lawyers at David Randolph Smith & Associates can help examine your potential negligent security lawsuit..
What are some examples of Nashville negligent security lawsuits your firm has handled?
Our Nashville negligent security lawyers have handled several inadequate security lawsuits in Tennessee.
On January 24, 2018, our firm filed a hotel negligence lawsuit following an alleged rape at the Stadium Inn in Nashville, Tennessee.
On May 25, 2018, the Sixth Circuit Court for Davidson County, Tennessee allowed that negligent security lawsuit to proceed.
On July 14, 2017, our firm filed a sexual assault lawsuit against Command Center, Inc, alleging claims of inadequate security, among others.
We currently have several other Tennessee inadequate security lawsuits underway.
I’ve been injured on another’s property because of inadequate security. What should I do?
Call the Nashville negligent security attorneys and premises liability lawyers at David Randolph Smith and Associates right away. We’ll evaluate your negligent security claim and offer fast, expert advice on what the next steps should be in your Tennessee negligent security lawsuit.