Elements of Maryland Negligent Security Claims

People should understand that premises liability cases involving negligent security in Maryland can be difficult and tricky to establish. There are many different moving parts to a claim and it should be evaluated by an experienced negligent security attorney.

People should understand that recovery in these types of cases can be very difficult. Even if there is a breach of standard of care, there can oftentimes be limited ability to recover, as it may not be justified. An injured person should consult with a skilled injury attorney who can evaluate the claim and advise them in the best manner possible about the unique aspects of their Maryland negligent security case.

Proving Negligent Security

The burden of proof is always on the plaintiff when proving negligent security in Maryland. The plaintiff is the person bringing the case and in all civil cases, the plaintiff must prove their case in order to recover. The defendant need not do anything in order to prevail on a case if the plaintiff has not met their burden of proof.

The plaintiff, in a premises liability case involving inadequate security in Maryland, must establish that a duty of care was owed to provide competent and adequate security and that duty was breached and the breach of the duty was a cause of the injuries sustained.

Duty of Care

If security is determined to be adequate then the person fails to establish a minimum duty of care, they will lose. If security is deemed to be appropriate based upon the facts and circumstances of the incident, there is no breach of the duty of care and the injured person cannot recover.

The foreseeability of a crime is an element to establish a duty and the breach of the standard of care is the issue that is critical to a plaintiff’s recovery.

Foreseeability of the Crime

Security is  provided based upon some level of foreseeability, and if the security is deemed to be appropriate or properly trained based upon the type of property, the way the property is being used, the level of crowds involved or any other factors, then if the owner of the property has fulfilled their obligation to provide appropriate, proper security, then they have done nothing wrong and therefore, the injured person cannot recover.

The foreseeability of the incident merely tells the person that security is required. So, if it is foreseeable, then they will need adequate security, but if it was unforeseeable, then there may be nothing to provide security for an unforeseeable event.

Statute of Limitations

A minor who has the right to assert a personal injury claim can usually do so from the time they turn 18. Therefore, they must bring a negligent security claim on or before the age of 21, generally speaking.

A person who is incompetent cannot be a party to a lawsuit. Therefore, they are afforded certain exceptions to the statute of limitations. However, the exceptions are very specific based upon the issues presented and the issues should be evaluated by a negligent security attorney.