Types of Negligent Security Cases in Chicago
There are a variety of ways in which an inadequate or negligent security case could arise in Chicago. Liability begins when a landowner takes steps towards security and preventing a crime. In rarer acases, a landowner remains liable for the criminal acts of another; even when they did not take steps for security. The law in Illinois covers the criminal acts of third parties as unforeseeable. The court would make that determination.
Suffered any injuries or other damages following an instance of negligent security? You should contact a knowledgeable negligent security lawyer who can help you.
Typical Negligent Security Cases
A typical negligent security claim in Chicago may be filed, for example, in a case where, in an apartment building, if the apartment building normally has the back doors locked and there is a bright light at night over the back door, the people who live in that building, the tenants, usually rely upon the fact that that door is going to be locked and that light is going to work.
Once the building owner takes on that responsibility and creates that reliance with the tenants or other people who used the building, they can have responsibility if they become negligent in their maintenance of those services. For example, if the lock on the door breaks or the light no longer works, once the tenants in the building begin to rely upon those services and those protections; it creates a duty for the landowner or other building owner to continue to maintain those services.
Foreseeable Criminal Offenses
Cases where the security was adequate but the crime was foreseeable are extremely difficult cases to win. There has to be some kind of clear pattern, multiple warnings and instances to create such liability. Those cases are very difficult to prove. This will still be considered a premises liability case because of the foreseeable crime.
It is important to contact an attorney right away to develop and collect pertinent evidence and begin to investigate all the circumstances surrounding not only the event that caused or that resulted in the particular injuries to the plaintiff but other events that may have put the landlord on notice as well as developing evidence as to the adequacy, sufficiency and reasonableness of the security protections that they had in place. Premises liabilities involving the criminal acts of third parties can be complex and difficult to pursue, and selecting a knowledgeable and aggressive attorney is critical.
Bouncers and Negligent Security
Bar security personnel or bouncers do not enjoy a special immunity from assault claims and liability claims in Chicago. The actual physical contact by a bouncer on a patron of a bar or tavern can be considered an assault. In most cases, the law considers a bouncer as an ordinary citizen. However, if a patron becomes unruly, disruptive or engages in criminal behavior, the bouncer does have the ability to maintain order, but they must first ask the person to leave the premises. Only then if the person refuses should the nightclub call the police. If an intoxicated person attempts to make physical contact, the bouncer may engage in self-defense, but the bouncer cannot initiate physical contact. The liability could fall on a bouncer after an assault.
The nightclub or bar or tavern who hired the bouncer may be liable for negligent security or negligent hiring in Chicago. While the nightclub or tavern may generally not be liable for the actual assault by the bouncer, an injured person may a valid claim for negligence against the nightclub or the tavern if they hired somebody knowing that they had a propensity for violence or engaging in such behavior or otherwise made it foreseeable that the bouncer would engage in such kind of misconduct.
Negligent Security Cases Against Nightclubs
The actual victim may claim that the nightclub was negligent for not conducting a criminal background check of its employees; or otherwise doing due diligence before hiring the bouncer. The night club may also maintain liability if they do not employ enough security personnel under the circumstances. Some form of preventable harm occurs resulting in injuries to patrons of the nightclub or the bar.
This all goes back to the duty owed of a reasonable care under the circumstances. A night club which is serving alcohol and creating a certain environment must analyze that environment and make a determination what is appropriate security and hire appropriate and correctly-vetted personnel. If they hire someone negligently and that person causes an injury, the bar or the tavern may be liable.
Contact us for help with any negligent security cases. Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well. We look forward to hearing from you.