Owners and occupiers of commercial properties have an obligation to make sure it is safe for visitors to use. In some cases, this means ensuring that security measures, often guards, are put in place, particularly places that are prone to fighting like nightclubs or large sporting events. A determination of inadequate or negligent security is going to depend on the facts of each case. Some examples of inadequate security include situations when there are not enough security officers present on the site, security officers are improperly trained, or security officers use more force than reasonably required and cause someone an injury.
If you have been injured to inadequate or negligent security, you may be entitled to monetary compensation and should seek damages with the help of an experienced liability lawyer. A Toronto negligent security lawyer can help fight for your rights to the compensation you deserve following your incident of negligent security.
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Duty of Protection
Adequate security in Toronto is going to depend on the designated use of the premise. For example, if a person owns a busy or large nightclub, they are going to need more security than a small pub. Commercial properties must take measures to ensure that their guests can use the property safely.
Property owners need to take reasonable steps to ensure that their premise is safe for people to use, which necessarily means turning their mind to potential dangers for guests. That includes planning for instances where guests may become aggressive after drinking alcohol. Examples of proactive measures include ensuring that people are not over-served alcohol and providing for a reasonable system of security to make sure that people are kept safe in the establishment.
It is applied to these cases by looking at the standard of security that the night club has implemented and determining whether they have a reasonable standard of security, if they followed that standard of security or whether they did something outside of it and determining whether that caused someone’s injuries. For example, if the nightclub did not have enough security guards present and a fight broke out, and the night club is not able to control that fight adequately, they may be liable for the resulting injuries because they failed to take adequate steps to keep their patrons safe.
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Preventable Criminal Attacks
A preventable criminal attack is one that could have been stopped by appropriate security guards. For example, if a person owns a night club that stays open late and serves alcohol, but does not take precautions against dangerous drunk or rowdy behavior by providing security, then a fight that causes another patron harm, is an act that could have been prevented. Similarly, it is reasonably foreseeable that some people may become aggressive when they drink too much alcohol. Overserving someone to the point where they cause a fight is a preventable criminal attack.
In Toronto negligent security claims, it may be necessary for individuals to prove the security was inadequate by potentially proving there was a foreseeable crime that should have been addressed. A foreseeable crime will be different depending on the circumstances of each case. Generally speaking, a foreseeable crime is one which has a reasonable chance of happening. For example, in night clubs it is foreseeable that there may be people who drink too much alcohol or who become aggressive and cause fights. Therefore, a night club owner should take reasonable precautions to protect against such circumstances. Whether a crime is foreseeable or unforeseeable is going to depend on each set of circumstances. Ultimately, a judge or a jury is going to determine whether a particular incident is foreseeable or not.
If the security was adequate and there was no other instance of negligence on the part of the occupiers of the establishment, then the plaintiff does not have a case. If someone can show that the owner or occupier did something else wrong that caused injuries, however, then they may still have a claim. This would still be considered a premises liability bit it is a foreseeable crime. In adequate security cases, all occupiers or owners of the properties need to take adequate steps to ensure that their properties are reasonably safe for visitors, including foreseeable crimes.
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Filing a Case
The burden of proof is always on the plaintiff in Toronto negligent security cases. The plaintiff must prove that there was a breach of the duty of care and that they suffered losses or injuries as a result. If it is determined there was adequate security, then the injured person does not have a case against the security guards. A negligent security lawyer in Toronto is essential help in proving an individual’s case.
The limitation period for security cases is two years from the date that a person learns they have a cause of action, which is, generally speaking, two years from the date that their injury occurred, unless they are a minor, or they are mentally incompetent at the time of the accident, in which case, that is extended until two years after their 18th birthday, or two years after they become competent to make their own decisions.
Working with a Toronto Negligent Security Lawyer
The owner of the premises, anyone who is involved in running the establishment, anyone directly involved in causing an injury, and the security company may be sued for inadequate security in Toronto. The plaintiff must prove that there was either an inadequate system of security in place at the time of the accident that caused someone harm or show that there was a reasonable system of security put in place but it was not followed and caused someone injuries.
The first thing is, it is important to preserve the evidence soon after the incident occurs. This means gathering names and contact information for witnesses, getting video of the incident if possible, and having a lawyer gather witness statements. Second, a person should seek medical attention for their injuries and tell medical providers about all symptoms so that they can receive adequate treatment. Lastly, it is important to remember that these cases can be quite complex and difficult to prosecute and it is important to speak with a lawyer as soon as possible to determine if there is a case to be made.