ABSTRACT

Premises security liability is the application of principles in the civil tort of negligence. It arises when a business is sued by an individual who was the victim of a violent crime on the property of the business and is claiming that the lack of security was a factor in allowing the crime to occur. “Duty” is the legal responsibility requiring a property owner to maintain reasonably safe premises. The extent of the duty, or what is required of the property owner, is directly tied to the level of risk of crime. The legal duty of a property owner to provide reasonable security can be imposed in several different ways. Breach of duty is typically the easiest element in the tort of negligence to understand. Breach simply means failure. It is the failure of a defendant in a civil action to perform the duty that was imposed either by law or when assumed voluntarily.