Negligent Security Claims in Pennsylvania
Businesses can be liable for failing to provide reasonable security, like appropriate lighting in a dark parking lot or working door locks in a hotel room. These kinds of negligent security claims usually require evidence of prior notice of criminal activity, and that notice must be either actual or constructive.
Actual notice is what it sounds like, prior verbal or written complaints about the dangerous condition. For example, a previous hotel guest may have reported criminal activity in the lobby or in the parking lot. Hotel, mall or store management does nothing and then another incident occurs. This time, another guest or customer is attacked or otherwise injured.
Constructive notice basically means that the dangerous condition existed for such a length of time that it is fair to say the owner must have known or should have known. The basis of liability in a negligent security case is foreseeability of the criminal activity:
- Did or should the owner have had prior knowledge of the criminal behavior?
- Is the hotel, mall or store in a high crime area?
- What is the crime rate around the premises?
- What is the history of criminal activity at or near the premises?
In large cities like Philadelphia, hotel guests rely on the hotel for safety in their rooms and in common areas, like lobby areas, elevators and bathrooms, etc. The same thing applies for stores and malls with respect to parking lots, bathrooms and other public areas. When an assault or other crime occurs, the business may be held liability. Negligent security issues commonly include:
- failure to prevent known access by criminals,
- failure to prevent foreseeable access by criminals,
- failure to provide reasonable security,
- failure to provide adequate lighting,
- failure to provide working door locks, and
- failure to warn.
Related negligent security and injury articles:
- Philadelphia Hotels and Liability Under Pennsylvania Law
- New Jersey Store & Business Liability for Crimes Committed Against Customers
- Pennsylvania Hotel Accident Lawyer Tip – The One Thing You Must Do After a Hotel Accident
Philadelphia Hotel, Mall and Store Liability Lawyers
If you’ve been injured due to criminal conduct at a hotel, mall or store, and would like to discuss your case with one of our hotel accident and injury lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
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