When deciding on a night out in Charleston, you’ll have plenty of options. Whether you want to listen to live music, go dancing, or just grab some happy-hour drinks with your squad, you’ll always consider price, location, and safety. Often, location and safety go hand in hand.
One of the measures you use to judge a venue’s security is its level of security personnel. Stepping into a club and seeing a bouncer by the door provides some relief, but what happens if that is the only security at a large club?
If you’re injured because of inadequate security measures, who is responsible?
The short answer is that the owners, manager, and staff of the venue can be held liable for your injuries. Making that connection between an owner’s negligence and your injuries requires the support of an experienced Charleston negligent security lawyer. That lawyer will be able to provide guidance on how to move forward with your claim.
Defining Inadequate Security Under West Virginia Premises Liability Law
No one who is going out for a night of fun expects to end up in an ER because of an assault. If someone does get out of hand and starts throwing punches or worse, you would expect the club’s security to swarm in and break up the fight.
Better yet, they should be on high alert to recognize when trouble is brewing and step in to defuse the situation. If there is insufficient security to adequately monitor the venue, or if security is not properly trained, it can contribute to conditions that lead to harm.
This all goes back to the issues of foreseeability. That is the core of a negligent security claim. You need to establish that the property owner and/or management staff should have known that a crime was likely to occur. Basically, if a fight has ever broken out in a club, that is a clear indication it might happen again.
When an owner doesn’t improve their security after those incidents, it is a clear indication of negligence.
Common Examples of Negligent Security Measures at Local Businesses
Property owners may be found negligent if they fail to address or maintain:
- Broken or inadequate lighting: Particularly in dark or secluded areas like parking lots, garages, stairwells, and hallways.
- Malfunctioning access controls: Broken door locks, faulty gates, inoperative keycard systems, or broken windows.
- Missing or broken surveillance equipment: Non-functioning security cameras or a complete lack of necessary monitoring systems.
- Lack of security personnel: Failing to employ an adequate number of security guards or failing to properly train staff to handle security threats.
Identifying Liable Parties in a Negligent Security Lawsuit
There are many potentially liable parties that can come into play when filing a negligent security lawsuit. It all comes down to accountability. As you and your attorney dig into the layers, you might uncover the following potential liable parties:
- Property Owners or Landlords: The first place to start in determining who is responsible for the inadequate security is with the property owner or landlord. These parties have an ongoing obligation to keep common areas safe, maintain locks, and ensure adequate lighting. Depending on the property, there might also be a need to hire security, which the owner would handle.
- Property Management Companies: For properties with many units, the owner will hire a management company to oversee daily operations, maintenance, and security protocols on the premises. If the management company failed to address known hazards or enforce safety rules, it can be held liable.
- Business Operators & Tenants: There are many types of properties, such as retail stores, restaurants, nightclubs, or office tenants that lease the space. These are the entities directly responsible for the immediate safety of their customers and staff inside the establishment. In other words, the owner has given a tenant permission to use the space. That can indemnify the owner from being sued.
- Security Companies: Third-party contractors can be hired to monitor the property or provide security personnel. If those guards were undertrained, unassigned, or failed to respond to threats, that company can be held responsible for any subsequent injuries caused by inadequate security.
- Event Organizers: In many situations, promoters or event organizers set up gatherings that fail to hire an adequate number of security staff or bouncers for the size of the crowd.
Why Legal Representation Is Essential for Complex Security Cases
Retaining an attorney definitely strengthens any personal injury claim. It puts the other party on notice, compelling them to respond. Your attorney needs to be prepared to counter their arguments. One of the defenses is the “open and obvious” doctrine.
Under West Virginia Code §55-7-28, a property owner generally owes no duty of care to protect visitors against hazards that are open, obvious, and reasonably apparent.
The attorneys at Forbes Law Offices have successfully prevailed in these types of lawsuits.
We’re well-versed in conducting thorough investigations that can pinpoint who is directly responsible for hiring and maintaining security. When those parties fail in those responsibilities, they need to be held accountable. Once we know who is responsible, we can negotiate a fair settlement to cover your losses.
If you’ve been injured at a bar, nightclub or venue where security should have protected you, we want to hear from you.
Reach out to our office to set up a free consultation today.
