Gathering Evidence in Negligent Security Cases: What You Need to Know

When someone is hurt because of poor security in a public or private place, it may be due to negligent security. This means that the property owner or manager did not take the steps they should have to keep visitors safe from harm. In such cases, it is important to gather evidence to prove that the security was inadequate and that it caused or contributed to the harm someone suffered. Having strong evidence can help build a case and show how the property owner may have failed in their responsibility. Understanding the types of evidence needed and how to collect them is important for anyone who wants to bring a claim for negligent security. At, Smith & Green, Attorneys At Law, P.L.L.C., we are here to guide you through the legal process and help you navigate the complexities of your case.

Quacy L. Smith

Founding Partner

James M. Green

Founding Partner

What is Negligent Security and Why is It Important?

Negligent security happens when a property owner or business does not provide enough security measures to protect people on their premises from harm. These measures might include having proper lighting, security cameras, locks, security guards, and other ways to keep people safe. Negligent security cases are common in places like parking lots, apartment buildings, hotels, shopping malls, and other places where people might be at risk from criminal activity. When these security features are missing or not working, it increases the chances that someone could become a victim of crime. Proving negligent security can be difficult, but it is essential for anyone who has been harmed due to a lack of proper security to understand how to gather the right evidence.

Why Evidence is Key in Negligent Security Cases

In a negligent security case, evidence is the backbone of proving that a property owner did not meet their duty to protect people from harm. To show this, one must provide evidence that the property owner was aware of possible dangers or risks and chose not to act on them. Evidence is important because it shows what actually happened and helps build a clear picture of how the lack of security led to the incident. Evidence can include things like witness statements, surveillance footage, photos, and even police reports. Each piece of evidence has a role in showing that the property owner did not fulfill their responsibility, which may make them liable for the harm that occurred.

Types of Evidence in Negligent Security Cases

In cases of negligent security, there are several kinds of evidence that can be helpful in building a strong claim. One type of evidence is surveillance video footage from security cameras that can show the scene where the incident occurred. Video footage can reveal if there were any security guards on duty, if the area was well-lit, or if there were other signs of poor security. Another important type of evidence is witness statements from people who saw the incident or who know about the security measures that were in place. Witnesses can provide details that may not be captured in other forms of evidence, such as describing the lack of security guards or issues with access control in the area. Police reports are also very helpful as they can confirm that a crime took place and provide details about the circumstances of the incident. In addition, physical evidence, such as broken locks or damaged security cameras, can demonstrate that there were flaws in the security system that may have contributed to the incident. Each of these types of evidence can help show how the property owner failed to keep the area safe.

How to Collect Evidence After an Incident

Collecting evidence as soon as possible after an incident is crucial, as certain details may be lost over time. The first step is to take photographs of the scene, showing any areas that are poorly lit, unmonitored, or missing security features. Photos can capture key details like broken locks, missing cameras, or other security flaws that may be important to the case. It is also important to collect contact information from any witnesses who may have seen the incident. These witnesses can later give statements about what they saw and provide valuable information about the lack of security in the area. Asking for copies of police reports and medical records is also necessary, as they provide a record of the incident and any injuries that resulted from it. Lastly, if the property has security cameras, it is important to request any available footage as soon as possible. In some cases, property owners may try to delete or hide video evidence, so acting quickly to gather this footage is essential.

The Role of Witness Statements in Negligent Security Cases

Witness statements can make a big difference in a negligent security case by providing firsthand accounts of the conditions at the time of the incident. Witnesses might include people who were present during the incident or those who frequent the location and can attest to its typical level of security. These individuals can describe what they saw, heard, or experienced, which can help support claims that the property owner was not diligent in providing proper security measures. Statements from security personnel, if any were present, can also reveal if they were actively monitoring the area or if they were neglectful in their duties. Witness statements may also describe repeated issues, such as broken lights or gates, that the property owner may have ignored. This type of evidence is valuable because it adds a personal perspective to the case, showing how the security was insufficient from the viewpoint of someone who was there.

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Using Police Reports and Crime Statistics in Your Case

Police reports are valuable in a negligent security case because they confirm that a crime occurred and provide an official record of the incident. These reports often include details like the time and location of the crime, witness names, and descriptions of the suspect if one was identified. Police reports can also show if the property has been the site of multiple crimes in the past, which can demonstrate a pattern of security risks. Crime statistics for the area can further support a case by showing the history of criminal activity in or near the property. If there is a known history of crime in the area, it is reasonable to expect that the property owner would take steps to protect visitors. When a property owner ignores known crime risks, it becomes easier to argue that they were negligent in providing security.

How Physical Evidence Strengthens a Negligent Security Claim

Physical evidence plays a big role in negligent security cases by showing clear, visible proof of poor security. This might include broken locks, fences with gaps, or security cameras that do not work. Broken lights or overgrown bushes that create hiding places can also be considered as physical evidence of negligent security. Photos and videos of these physical issues help demonstrate the unsafe conditions on the property. When property owners do not repair or maintain security features, it puts people at risk, and physical evidence highlights this failure. This type of evidence can make a strong impression on a court, showing the lack of proper security through specific examples.

Preserving and Protecting Evidence for a Strong Case

Once you have gathered evidence, it is important to preserve it carefully. Keeping copies of photos, witness statements, and reports in a safe place will prevent the evidence from getting lost. If there are physical items like broken locks or pieces of damaged property, keeping them secure and undamaged will help preserve their value in the case. If you have security footage, it is essential to save it immediately and make backups to avoid any chance of it being deleted or altered. Some property owners may try to avoid responsibility by tampering with evidence, so having multiple copies and keeping records safe is necessary for a strong case.

How a Lawyer Can Help You Gather and Present Evidence

A lawyer can provide support in gathering and presenting evidence in a negligent security case. Lawyers understand the types of evidence that are needed and know how to gather it effectively. They can assist in getting police reports, security footage, and other important records. Lawyers also know how to interview witnesses and gather statements that can support the case. They can work with professionals to analyze crime statistics or bring in security consultants who can explain how proper security should have been provided. Lawyers understand the legal process and know how to present evidence in a way that makes a clear and convincing case for negligence. With their help, it becomes easier to demonstrate how a property owner failed in their responsibility to provide safe conditions.

If you or someone you know has been hurt due to poor security, gathering the right evidence is crucial to making a strong case. Understanding what to collect and how to protect it can make a big difference in your chances of success. Smith & Green, Attorneys At Law, P.L.L.C. has the experience to guide you through every step of the process, from gathering evidence to presenting it in court. They can help ensure that your case is backed by solid evidence and give you the support you need to seek justice. Reach out to Smith & Green, Attorneys At Law, P.L.L.C. to learn more about how they can help you in a negligent security case.