Your Guide to Negligent Security Claims in Delaware

Businesses and property owners in Wilmington and elsewhere in Delaware have a basic legal duty to keep their premises in reasonably safe conditions for customers and other invitees. Among other things, this duty includes an obligation to take adequate security precautions to protect guests from threats posed by third parties. A business or property owner that fails to provide adequate security may be liable for injuries suffered by a victim. Here, our Wilmington premises liability attorneys provide an in-depth overview of negligent security claims in Delaware.

A Negligent Security Claim is a Type of Premises Liability Case 

A negligent security claim is a legal action that falls under the umbrella of premises liability. It is typically brought against a property owner or occupier (business) who has failed to provide adequate security measures to protect visitors from harm, resulting in injuries or damages.

For example, imagine that you want to go to a bank in Wilmington. You were attacked and robbed by a criminal assailant. If that attack occurred, at least in part, because the bank failed to provide adequate security, you may be able to hold them civilly liable for your injuries.  

Negligent Security is Highly Case Specific (Examples) 

Negligent security is a complex and highly case-specific area of law. It involves a detailed analysis of various factors, such as the nature of the property, the type of harm suffered, and the security measures that were in place at the time of the incident. Each case must be evaluated on its own merits to determine whether the property owner or occupier breached their duty to provide reasonable security measures. Factors such as past criminal activity in the area, the foreseeability of harm, and the level of security measures required by law or industry standards may also be considered. Some examples of actions/inactions that may be deemed negligent security include:

• Inadequate lighting;
• Lack of screening at entrances;
• Broken locks on doors or windows; and
• Lack of properly trained security guards on staff.

A Two-Year Statute of Limitations for Negligent Security Claims 

You have limited time to take action. Under Delaware law (DE Code § 8107), there is a two-year statute of limitations for all premises liability claims, including negligent security cases. 

What Compensation Can Be Recovered Through a Negligent Security Claim in Delaware? 

Through a negligent security claim in Delaware, victims and families can seek compensation for the full extent of their damages. Our Delaware premises liability attorneys fight tirelessly to help our clients maximize their settlement or verdict. Compensation may be recovered for:

• Property damage;
• Emergency medical treatment;
• Hospital bills;
• Other medical expenses;
• Lost wages;
• Loss of earning power;
• Pain and suffering;
• Mental distress;
• Disability or disfigurement; and
• Wrongful death.

Contact Our Delaware Negligent Security Lawyer Today

At Freibott Law Firm, our Delaware premises liability attorneys have extensive experience handling negligent security claims. If you or your loved one was harmed because a business or property owner failed to take the proper safety precautions, we are here to help. Contact us at (302) 633-9000 for a free, no-commitment consultation. With an office in Wilmington, we handle negligent security claims in New Castle County and throughout Delaware.