Pursuing a Negligent Security Claim in Illinois

All property owners and business owners must provide safe premises for customers and other invited guests. In some situations, this also means they have an obligation to provide sufficient security. If you or someone you loved was injured during a crime that occurred due to a lack of proper security, you might have a valid claim for negligent security. These types of claims fall under the area of law known as premises liability. Premises liability claims tend to be complicated to pursue. Instead of trying to handle filing a claim on your own, let an experienced Illinois negligent security attorney assist.

What is Negligent Security?

Negligent security does not mean that a business owner had to have security guards on duty around the clock. Businesses must provide security measures that align with what another reasonably practical business owner would have in a similar situation. An owner’s legal obligation will vary on the type of business and specific circumstances. Examples of negligent security can include:

• Lack of security guards;
• Negligent security guards;
• Inexperienced security guards;
• No security cameras or outside surveillance;
• Lack of adequate staffing;
• Poor lighting;
• Not correctly assessing visitors or employees;
• Failure to verify entry doors were secured;
• Open loading docks or entry gates; and
• Broken doors or locks.

A lack of proper security can result in serious criminal activity, including assault, abduction, stabbings, shootings, rapes, robberies, etc.

Proving Negligent Security

Holding a business owner liable for your damages in a negligent security case requires that you prove that:

• The defendant had a legal obligation to protect visitors from possible criminal activity on their property;
• The defendant either knew or should have known there was a potential for harm on their property;
• The defendant had enough time to make the appropriate changes and get necessary safety precautions in place; and
• The defendant did not adequately protect visitors from harm.  

Proving liability in a negligent security case is challenging. Property owners have insurance and defense attorneys who will fight your claims. Your case may even end up in trial before the business owner is willing to admit liability. Because of the complex legal issues involved, you should speak with an experienced Illinois premises liability attorney who has experience handling negligent security claims.

Statute of Limitations in an Illinois Negligent Security Claim

Like other claims, Illinois law establishes a deadline for filing a lawsuit against the necessary defendants. Premises liability claims generally fall under the same timeline as different types of personal injury claims. In most situations, you only have two years to bring a lawsuit against the property owner. If you miss the deadline, the court will most likely not accept your case. That means even if you were in negotiations before the deadline, the defendant is under no obligation to pay you anything.

Contact a Negligent Security Attorney

If you need assistance with a negligent security claim in Illinois, let our skilled legal team help. Contact Brassfield & Krueger, LTD., today to schedule an initial consultation.