Duty of Care
All property owners, especially those managing businesses or rental properties, have a legal obligation to make sure visitors, residents, and guests remain safe on their properties. In Chicago, these individuals must provide reasonable security measures, such as adequate lighting, surveillance cameras, security personnel, and working locks.
The level of security required will depend on the type of property and the likelihood of criminal activity in the area. For example, a parking garage in a high-crime area would require more security measures than a structure in a residential neighborhood.
Breach of Duty
When a property owner fails to meet their duty of care, that is a breach of duty. In these cases, the property owner knew or should have known that there was criminal activity in the area and failed to take measures to secure their property. Some examples of this breach can include:
- Poorly lit parking lots, stairwells, or common areas that could increase the risk of criminal activity.
- Unmaintained cameras, alarm systems, or security gates which leave individuals vulnerable.
- Failing to employ security guards or patrol services can be considered negligent in areas known for higher crime rates.
- Broken or missing locks on doors, windows, or gates can provide easy access for criminals.
Causation
With your claim, you must show that a lack of security measures directly contributed to the criminal act and your resulting injury. This can be one of the most challenging aspects of a negligent security claim. For example, if you were assaulted in a dimly lit parking garage, you would need to demonstrate that proper lighting could have deterred the attacker.
Damages
Finally, you will need to show that you have suffered actual harm or damages due to the crime. These damages may be:
- Medical expenses for treatment of injuries you sustained during the crime.
- Your mental health impact of being a crime victim, which can include anxiety, PTSD, and other emotional distress.
- Lost wages due to your inability to work
- Compensation for the overall impact the crime has had on your life.