Determining the Responsible Party
Let’s face it. If you have been a victim of a crime, the criminal is ultimately at fault. However, the property owner or some other party may have a duty to provide a safe environment. For example, this may be true in apartment complexes or condominium associations that provide security services to their tenants or visitors. It could be relevant to a business that ignores the fact that their parking lot is a gathering place for criminal activity. It is first important to ascertain whether the property and/or business owners are aware of the dangerous condition. The next determination should be whether the parties had a duty to exercise reasonable care to avoid risk of harm.
Security Measures taken by Business or Property Owners
Business and property owners have a plethora of responsibilities when it comes to ensuring their premises are safe. Of course, the first expectation is that they will maintain and repair their property. Likewise, they have a duty to protect others from foreseeable harm. This could include the potential for violent crimes or other criminal activity. Here are some examples of steps taken that are considered security measures:
- Installation of deadbolts on individual apartments
- Requirement to use a key to enter premises from outside in multi-family dwellings
- Employment of a security guard
- Installation of an alarm system
- Use of security cameras
Generally speaking, it is a reasonable expectation for a business owner to be cognizant of the level of crime in the area and address it. Some areas are more susceptible to crime than other locations. This becomes an important consideration when determining the necessity for security measures. Current crimes are often predictors of future issues. If the premises have a history of problems with theft or violent crimes, property owners have a duty to their visitors or tenants.
Are You the Victim of a Crime?
Unfortunately, not all victims of crime are entitled to compensation from a third party. However, if your injuries are as a result of inadequate security, you may make a claim for damages. The Law Office of Anthony Carbone has handled these types of cases for many years. Contact us to discuss your case.