- IMPORTANT POINTS IN INVESTIGATING
SECURITY NEGLIGENCE AND PREMISES LIABILITY
- Compiled And Edited By Ralph Thomas
Click For Book Review Of:
- Security, Adequate....Or Not? The Complete
Guide To Premises Liability Litigation
- One of the hottest trends in private investigation practice in recent
years as been investigations centered around premises liability. These
types of cases usually center around failure to provide adequate security.
In Chris McGoey's new book, Security, Adequate....Or
Not? The Complete Guide To Premises Liability Litigation, he presents
five points that must be proven, and therefore must be investigated in
order to show a claim for security negligence.
- 1) A legal duty was owed to take certain cares to people coming upon
the property by the owner and /or leaseholder.
- 2) Either a crime of an assaultive nature or a danger on the land or
premises that could have the potential of causing harm was foreseeable
in the eyes of a reasonable man.
- 3) Failure to provide a reasonable level of security needed to counter
any crime of an assaultive nature or danger was not provided by the land
owner and/or lessee.
- 4) The failure on the part of the land owner and/or lessee was a proximate
cause for the damage suffered in the claim.
- 5) Actual damages were suffered as a result of this breach of duty.
- Thus inadequate security is a claim for negligence. That is, the owner/lessee
was negligent for not providing adequate security measures for foreseeable
- Since negligence depends upon certain degrees of care imposed upon
the tortfeasor, the degree
- of care required can and often does depend upon the relationship between
the two parties
- involved. In other words, different yardsticks of measurement can be
used against the
- tortfeasor depending upon the relationship between the two parties.
Facts concerning the
- relationship between parties involved need to be established to determine
the "yardstick of
- measurement". Such facts will establish the relationship into
one of three classifications.
- A. invitee
- B. licensee
- C. trespasser
- INVITEE: An invitee is either a public invitee or a business visitor.
A public invitee is one
- whom enters upon the defendant's land being a member of the general
population. He enters
- upon the defendant's land as the land is opened to the general public.
A business visitor is one
- who enters upon the land for some kind of direct or indirect business
dealing with the owner.
- An invitee is given the greatest degree of protection by the courts
as far an negligence is
- concerned. Moreover, a business visitor is given the greatest degree
of protection within the
- invitee concept. In other words, the degree of care might be different
when a person is given a
- ride in a vehicle if he compensated the owner for the ride than if
he was given a ride for free.
- Such hair-line cases come up daily in the field of negligence.
- LICENSEE: A licensee is a person whom enters upon property with an
implied or express
- consent. An example of a licensee would be a social quest. Under most
- licensee is expected to accept the property as he finds it and to look
out for his own welfare.
- Under such circumstances, the knowledge of any danger known by the
licensee will preclude
- the licensee from any type of recovery. However, the owner will be
required to inform and
- give warning to the licensee of any danger. Thus, the defendant would
have a legal duty to
- inform the licensee of any dangers.
- TRESPASSER: A trespasser is one who enters upon property without the
- express consent of the owner. The owner or possessor of the land can
not be held liable for
- any harm done by a trespasser and owes no duty to act as the reasonably
prudent man would.
RELATED TOPICS AND AIDS
- PREMISES LIABILITY-THE BURDEN OF PROOF
By Pattie James, C.L.I.
OVERVIEW OF NEGLIGENCE FOR THE INVESTIGATOR
By Ralph D. Thomas
EXTENSIVE BOOK REVIEW
SECURITY ADEQUATE....OR NOT
THE COMPLETE GUIDE TO PREMISES LIABILITY LITIGATION
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