Property owners must take reasonable steps to keep their premises safe for guests and visitors. The duty includes preventing foreseeable criminal acts that a third party may commit. When this doesn’t happen and someone gets hurt, the victim can take legal action against the owner.
This is the basis for negligent security liability. Understanding how this doctrine may apply to your situation could help you make the case for the compensation you need for your injuries. Trust the Santa Fe legal team at Hunt Law Firm to advocate for you.
The Basics of New Mexico Negligent Security
The owners, managers, and occupiers of property have a responsibility to keep the property free of harm, including that which may come from a third party. Criminal actions committed against a guest could open the door to a lawsuit if there was inadequate security.
A key component in these cases is the foreseeability of the criminal acts committed. In general, if the property owner or other party has reasonable grounds to foresee that an assault, robbery, or other crime may occur, and does nothing to stop it, they could be liable for a victim’s injuries.
Here are some examples of situations which may require the owner to provide security, or to provide a higher level of security:
- Specific threats: If the property in Santa Fe has received specific and clearly articulated threats of an imminent crime, or a guest at the property has, the owner should alert law enforcement and may be required to step up security.
- Previous incidents: There may have been prior incidents of violent crime at the property. When the owner does little or nothing in response, and crime occurs again, this inaction will prove relevant to the victim’s case.
- High crime area: Perhaps the property is located in an area known for crime. The owner may have a duty to act upon this knowledge. But an owner cannot knowingly turn a blind eye to such behavior, either.
- Location is prone to crime: A 24-hour convenience mart or parking lot may be more prone to crime than a crowded restaurant or retail store where there are many more witnesses. This is an example of how location can affect the owner’s duty to provide adequate security.
What Counts as Adequate Security in Santa Fe?
The exact measures that an owner should take to keep guests and visitors safe will depend on many factors, including whether crimes were previously committed on the property. They may include:
- Installing or upgrading security cameras and lighting
- Installing locks and alarms on doors and windows
- Hiring security personnel to patrol the property
- Responding to credible threats and reports of violence
- Inspecting the property and maintaining security measures
The security should be proportional to the risk. A gas station that has been the target of past violent criminal incidents will need higher security than a grocery store situated in a low-crime neighborhood. Responsible owners will match a potential threat with higher security.
The defendant property owner can provide evidence of having implemented the above security steps as a defense in a negligent security lawsuit. The court will then need to determine if the security was adequate under the circumstances.
Possible Damages in a Santa Fe Negligent Security Lawsuit
If you were the victim of an assault, robbery, or other crime that took place on someone’s property, you may be able to file a negligent security action against the owner. You could seek compensation for the following damages:
- Economic damages: These include medical bills, future medical costs, disability, lost income, and lost income-earning potential. It is fairly straightforward to assign these damages a dollar value.
- Non-economic damages: In this category are more subjective losses, such as pain and suffering and emotional distress. They are called “non-economic” because calculating their monetary value is more complicated.
- Punitive damages: A court may award these in some cases, particularly those in which the defendant exhibited gross negligence or willful disregard for the victim’s well-being. As the name implies, punitive damages are intended to punish and deter such behavior.
Were You the Victim of Crime on Someone’s Property? Act Now to Protect Your Rights
Crime victims deserve support, and they deserve compensation when their attacks are preventable. If you are a victim, it’s time to reach out to Hunt Law Firm to explore your legal options. Get in touch with us today to get started.