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INSUFFICIENT SECURITY

Violent crime is all too prevalent in South African society. Owners of property are legally required to ensure the safety of that property to the best of their ability. Property security is controlled by premises liability law and the principle is that the owner or party responsible for maintaining the property may be held liable for any injuries incurred by a person as a result of the dangerous nature of the property.

Property owners therefore have a responsibility to provide a safe and secure environment for their customers and all the necessary security steps should be taken in this regard.

Inadequate security includes:

• Instances where security measures were in place but they were insufficient, given the known risks
• A property owner who fails to provide security, knowing that there have been previous incidents
• Insufficient or undertrained staff
• Faulty locks
• Inadequate lighting
• Lack of surveillance

An important factor of a negligent security claim is that the injury be caused by a condition resulting from remiss or irresponsible behaviour on the part of the owner or manager. If an incident transpires that the owner or manager could have in no way foreseen or have taken measures to prevent, there is no claim. Insufficient security liability cases arise from unsafe conditions that promoted or facilitated a third-party attack.

Locations affected by negligence as a result of inadequate security include:

• Malls
• Businesses
• Schools
• Apartment buildings
• Amusement parks
• Sports stadiums
• Shopping centres
• Night clubs
• Hotels

At MED Attorneys, we have experience in the range of injuries which you, as the victim of negligent security, may suffer to your person, including serious assault and rape. However, we realise that, often, the most significant trauma is to your psychological or emotional wellbeing.

We are also cognisant that technological advancement has opened a new avenue of potential damages caused by inadequate security in the form of commercial, psychological and emotional harm due to identity theft and cyberspace attacks.

Talk to an Insufficient Security specialist advisor today