Can You Sue for Negligent Security After an Injury in Indiana?

Certain places may provide security measures for guests. For example, nightclubs often have bouncers or guards, and many buildings’ entrances and exits have security lighting. If someone is injured due to a lack of security, the property owner might be held responsible.

You may sue a person or business if you were injured or suffered losses because of inadequate security measures. However, we must prove that the harm you suffered was reasonably foreseeable by the defendant, and that the defendant failed to warn you or implement adequate security measures. We must have strong evidence indicating that the defendant knew, or should have known, that harm was likely and that they lacked proper security.

Get a free care review from our Indiana personal injury lawyers by calling Wruck Paupore at (219) 322-1166.

Can You Sue Someone for Failing to Provide Adequate Security Measures in Indiana?

You may sue someone if their failure to provide adequate security directly leads to you becoming injured or experiencing some sort of loss.

Dangerous Areas or Neighborhoods

Many negligent security claims arise from businesses located in dangerous neighborhoods. While one person is usually not responsible for another’s criminal actions, a person or business may be civilly liable for injuries caused by criminal activity if the criminal activity was reasonably foreseeable.

For example, if you are robbed while exiting a bar located in a neighborhood where robberies are frequent and known to occur, the bar owner may be liable for failing to provide adequate security (e.g., a bouncer or security guard) at the entrance and exit of the bar.

Broken Alarm Systems

Sometimes, defendants might try to take adequate security measures, but those measures fail because they were not properly maintained. For example, suppose someone broke into your apartment building and raided your apartment.

If our Indianapolis, IN personal injury lawyers learn that the building owner had negligently allowed the building’s alarm system to fall into disrepair, making it far easier for the intruder to commit their crimes, the building owner might be held liable for negligent security.

Lack of Security Personnel

In other cases, the defendant may have failed to employ security personnel. Guards and bouncers are common in places where crowds gather. Popular bars, nightclubs, sport arenas, and concert venues almost always have guards to keep people safe.

If the venue fails to employ guards or employs too few, the venue may be held responsible for accidents or injuries that occur.

Other Security Features

Sometimes the missing security features are simple things the property owner or operator overlooked, such as

• Adequate lighting
• Restricted access (e.g., keys and keycards to get into a building)
• Physical barriers between public and private areas (e.g., fences, walls, hedges)
• Doors that lock behind you.

What Do You Have to Prove When Suing for Negligent Security?

Negligent security is a tricky claim to prove. We must be able to establish that the defendant knew or should have known that security measures were necessary to prevent harm, which is not always easy. Your lawyer should help you gather the evidence needed to support your case.

Defendant’s Duty of Care

First, we must prove that the defendant owed you a legal obligation of care and safety. You cannot sue someone for negligent security if they had no duty to provide any security measures. Moreover, if the venue or property undertook an effort to provide security – even when they were not required to – they must do so reasonably.

Certain places where crowds tend to gather, like nightclubs or concerts, are obligated to employ security staff to protect guests and patrons. With such large crowds, anything could go wrong, and the business operating the venue has a duty to keep patrons safe.

Breach of the Defendant’s Duty

Once we establish that the defendant had a legal duty to protect you and other guests from harm, we must prove how they breached that duty.

For example, suppose you were with friends in a nightclub when someone known to the club owners to be dangerous entered with a gun and shot you. The nightclub may be sued for negligent security if the gunman was able to enter because there was no security guard or bouncer on duty because of staffing cuts.

While this is an extreme example, it shows how the nightclub’s negligence allowed such a preventable incident to occur.

Foreseeability of the Incident

A defendant may be responsible for injuries caused by negligent security only if the harm the plaintiff experiences is reasonably foreseeable. Freak accidents or incidents that could not have been predicted may not be grounds for a negligent security lawsuit.

Continuing with the nightclub example from above, if the club owners knew that a particular person had tried to enter with a firearm in the past, the fact that they would try again and possibly shoot someone should be considered reasonably foreseeable.

As such, a shooting in the club may be the direct result of a failure to take necessary steps to keep the potential gunman out.

Direct Connection Between the Breach and the Incident

It is not enough to prove that the defendant owed a legal duty and breached this duty. We must sufficiently prove that the harm you experienced is the direct result of the defendant’s negligence.

Often, this means proving that the accident, incident, or harm was reasonably foreseeable. Not only that, but we should question whether the incident or accident would have occurred even if the defendant had employed more adequate security measures.

We must show that the incident likely would not have happened if proper security had been in place.

Your Damages

Finally, we must prove your damages. These may include damaged or stolen property, physical injuries, medical bills, emotional distress, and any other losses or injuries you may have experienced. These damages must be real, not merely hypothetical or possible.

FAQs About Suing for Negligent Security in Indiana

Can You Sue Someone for Failing to Provide Adequate Security?

Yes. You may sue someone for negligent security if the defendant’s negligence directly causes your injuries. This often means that the harm was reasonably foreseeable and that proper security measures to prevent it were not taken.

Can You Sue for Negligent Security if the Defendant was Unaware of the Danger?

Maybe. The fact that the defendant did not anticipate the harm does not mean that they cannot be held responsible. A defendant may be responsible for negligent security if the harm was reasonably foreseeable and proper security would likely have prevented it.

What Does Negligent Security Look Like?

Negligent security may take various forms. A lack of security personnel, broken alarm systems, or insufficient security lighting are common examples.

Can You Sue if the Defendant’s Security Measures Failed?

It depends. Were the security measures adequate? If so, the fact that they failed might not necessarily mean the defendant is liable for negligent security. Sometimes incidents or accidents are more serious than can reasonably be expected, or people who mean to cause harm know how to get around security measures.

Discuss Your Case with Our Indiana Personal Injury Attorneys

Get a free care review from our Hammond, IN personal injury lawyers by calling Wruck Paupore at (219) 322-1166.