Inadequate Security/Negligent Security Cases:

Inadequate security or negligent security cases involve the failure of business proprietors, such as mall and shopping center operators, apartment and residential rental housing owners, hotels and motels, restaurants, etc., to implement reasonable and ordinary security measures for the protection of their customers from crime when necessary for the protection of the customers. As a general rule, business proprietors are not liable for crime occurring on their property. However, if there has been a pattern of crime on and about the business property, or if the nature of the business makes it peculiarly susceptible to criminal activity, the law will impose upon a business owner a duty to implement reasonable security measures designed to prevent or deter future crimes. Such measures may include increased or better lighting, security guards, better or additional locks, perimeter protection and overall improved maintenance of the business property. A breach of this duty is called negligence.

The following are examples of inadequate security and negligent security cases the firm has handled:

Jeff Peraldo and co-counsel represented a woman who was attacked and brutally beaten by a maintenance worker employed by the owner of the apartment complex at which the woman was residing. The worker had used a master key to enter the woman's apartment while she was sleeping. The apartment complex had not provided its residents with any type of secondary locking devices, such as deadbolts or chains, that would prevent access into its apartments by persons using pass keys. The apartment owners denied liability and litigation was necessary. After extensive discovery and the use of a premier apartment security expert, the case settled at mediation for $1.3 million.

Jeff Peraldo represented two young men who were shot and severely injured during an attack on an arcade/gameroom located in a strip shopping center. The case investigation showed the shopping center and gameroom had been the location of numerous crimes of violence prior to the injuries to the clients. The owner of the shopping center and the owner of the gameroom both denied liability and litigation was necessary. A retained shopping center security expert determined the shopping center was negligent in its maintenance of its property at the time the clients were attacked by not having functioning parking lot lighting and periodic security guard patrols. The expert determined the owner of the gameroom was negligent in not taking steps to curtail and control the acts of violence then occurring in the game room. The court entered judgment against the owner of the gameroom for an amount in excess of $2 million. The case against the owner of the shopping center later settled for a confidential amount

Jeff Peraldo represented a young female college student who had been attacked and raped at her college rental home. The owners denied liability and litigation was necessary. Extensive discovery, case investigation and the use of a premier apartment/rental home security expert showed the owners had not provided the home with adequate lighting or door and window locks. The case settled before trial for a confidential amount.

To see other inadequate security and negligent security cases the firm has handled, please visit our Case Results page.

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