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Negligent Security and COVID

15 May 2020
CIA Media Group

Due to rising tensions as a result of fear from those who do not want to get infected and what may be deemed as negligent behavior of those who are not taking the necessary precautions, negligent security cases may become more common.

Negligent security is a species of Premises Liability in which a business or commercial establishment may be responsible for an assault committed by a third-party.  Common offenses are murder, rape, robbery, and aggravated assault. In those instances, the owner or tenant of the property has failed to provide adequate security to individuals that are invited upon or licensed to enter their property.

An injured person can bring a negligent security claim based on the duty imposed on land owners and possessors of property to provide reasonable security measures and protect lawful visitors from foreseeable crimes of third parties.  Similarly, a commercial tenant, such as a retail business at the mall, may have a duty to protect those that shop at the business from for seeable criminal attacks.

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