Inadequate Security 101

Under Indiana law, property owners must maintain a safe environment for visitors. But what does this legal jargon actually mean? Put simply, it means that a property owner must keep premises “reasonably” safe and that includes potential harm from outsiders or 3rd parties.

For example, if an individual is sexually assaulted in a dark parking garage—the property garage owner may be liable. The following questions are relevant to determining that question:

  • Was adequate lighting available?
  • Did the garage have video cameras?
  • Did they have a security guard patrolling?
  • Is the garage in a bad neighborhood and this incident was foreseeable?

There are several factors to consider, but it is very possible to sustain a case with these types of facts.

If a property owner knows about the lack of security and knows there is a propensity for crime near the premises, the inadequate security might be a direct cause of your injury. A real life example of this occurred in Clayton County, Georgia, when a tenant was shot by three assailants in his apartment complex. His family sued the complex claiming inadequate security. Namely, the complex failed to enhance security by installing a gate to prevent unauthorized people from entering. A jury awarded $20 million dollars to the family.

Other inadequate security cases include:

  • Wounded or shot in a bar
  • Mugged in a store parking lot
  • Injured in an apartment complex
  • Wounded or attacked in a hotel
  • Injured at a business location that you would expect to be safe.

Many of these situations can be avoided. It requires proper security to be in place and businesses to do their part. The Hankey Law Office has experience with these types of cases and would be happy to speak with you (or a loved one) injured in such a scenario. Call us at (317) 634-8565 to learn more about your options.