A relaxing evening stay at a hotel or a night out with friends should not end with a trip to the emergency room. Unfortunately, security company negligence can turn a pleasant moment into a devastating accident. You can seek justice and compensation if you think you were injured due to negligent security.
In New Mexico, you can sue a security company for negligence if their failure to provide adequate security contributed to your injuries.
This blog post delves into the legal complexities of negligent security cases, helping you understand your rights and the steps you can take to seek civil justice.
We will explore the elements of a negligence claim, examine a hypothetical case to illustrate the concept, and provide guidance on determining liability and pursuing legal action. This information will empower you to take the next steps towards protecting your rights.
How to Tell If You Have Security Company Negligence Case
Negligence is the failure to use reasonable care, resulting in damage or injury to another person. There is a good reason why this element is a significant focus of all personal injury cases: It can reveal several critical case elements, such as liability assignments, total financial losses, and fault identification.
Negligence Action Requirements
You can find the state’s definition of negligence under NMSA § 41-4-1. We have also provided it for you below with intentional omissions to improve readability while remaining factually accurate (indicated as ‘…’):
“A negligence action…requires that there be a duty owed from the defendant to the plaintiff, that based on a standard of reasonable care under the circumstances, the defendant breached that duty, and that the breach was a cause…of the plaintiff’s damages. Lujan v. N.M. Dept. of Transp., 2015.”
This definition could be confusing, especially if this personal injury case is your first. Let’s break it down with questions you can ask yourself to determine if your situation meets the negligence action requirements in New Mexico.
Questions to Ask: Here are four legal questions to ask when determining if your situation meets the definition of negligence:
- Duty of care: Was a security company at least partially responsible for protecting you?
- Breach of duty: Did the security company, its employees, or equipment fail to meet this responsibility?
- Causation: Did their failure to protect you from harm contribute to or cause the accident or assault?
- Damages: Did the accident or assault result in injuries and financial losses?
If you answered “Yes” to all four of the above-referenced questions, then yes, you have a negligent security case. However, only a New Mexico personal injury lawyer, like Marc A. Grano, can determine for you.
A Detailed Example of a Security Company Negligence Case
Negligent security cases are challenging to understand in the abstract. This section deeply delves into a hypothetical case in Santa Fe, New Mexico. One night, a highly rated Hotel experiences a security breach, jeopardizing a guest’s life.
Let’s see what happens.
The Hotel
A four-star Hotel in Santa Fe advertises that it offers guests secure facilities, such as keyless door entry and 24-hour on-site guards. Upon check-in, the front desk staff informs guests that they must also participate in their safety by avoiding dangerous activities, such as always keeping their room doors locked. Guests confirm their understanding of the obligations with a signature.
The Guest
Mr. Joseph “Joe” Segura, a middle-aged, out-of-state executive, plans on spending three nights at the Hotel. He chose this establishment for its business amenities and recent safety upgrades, as his wife and three children often worry about him when he travels alone for business. The business amenities and security protocols give everyone the reassurance they need to feel connected and safe.
The Assailant
Down on his luck and with nowhere to go, Adam Davis plans on robbing the Hotel tonight. He is wearing a mask and carrying a crowbar. He is familiar with the Hotel’s layout, having studied it or “casing” it for a week.
The Incident
After checking in at the front desk, Joe enters his second-floor hotel room around 11 p.m., tired, and notices how hot the room is for this time of year and day. Unfortunately, the Hotel does not allow guests to open in-room windows for safety reasons. He calls the front desk to get the non-working air conditioner for service. They informed him that a technician could not be called in until tomorrow and that the Hotel was booked solidly, suggesting that he prop his door open with his desk chair until it cools down. Joe complies and begins unpacking his suitcase.
Unbeknownst to anyone, the Assailant is robbing the first-floor concierge desk at the same time. After pocketing around $500, the man swipes a keycard reading “Master Keycard” from the unattended desk. He goes to the second floor, hoping to score additional cash from the upstairs guests-only bar.
The elevator doors open, and he sees an open Hotel room door. Rather than head to the bar, the Assailant enters Joe’s room, assaults him with a crowbar, and robs him of $200 and a Rolex worth over $2,000. As he looks out the window, the Assailant notices red and blue flashing lights in the distance and begins to flee just as on-site security guards tackle him to the ground and place him in flex cuffs for holding.
The Aftermath
Joe, the victim, is in bad shape. He has obvious blunt-force trauma to the head, rendering him unresponsive but still breathing. Security guards radio dispatch to get an ambulance on site and begin rendering first-aid to Joe. He survives the attack but suffers from severe injuries that force him to take time a significant amount of time off from his six-figure salary position to undergo painful medical treatments over the course of several years.
The Main Issue
Joe alleges that the Hotel should pay for 100% of his damages. The Hotel’s insurer does not dispute the apparent security failures but believes Joe should be partially responsible for his injuries since he left his door open, which breaches guest policy.
Who is correct?
The Answer
The Hotel is responsible for 100% of Joe’s damages.
Not only did Joe follow guest protocol, but he also complied with the front desk’s commands, which were confirmed by reviewing recorded phone calls. They also negligently allowed an armed Assailant to enter the second floor of their building with a Master Keycard left unattended and in plain sight while on-site guards were socializing with friends in the parking lot. While highly unlikely, the Hotel could file a lawsuit against the Assailant to recover its damages, but with no way to pay, it is unlikely that the action would ever be fruitful.
The Next Issue: Liability Determines Outcome
So, you think you have a negligent security case and may wonder how much insurance companies will owe you for your losses. This thought crops up in the minds of many injury victims, who are dealing with significant financial stress.
Aside from negligence, liability is another issue to address since it directly affects the outcome of your case. Let’s start by reviewing what is written down in the law.
Here is New Mexico’s definition of liability provided under NMSA § 41-3A-1:
“… any defendant…shall be liable only for that portion…equal to the ratio of such defendant’s fault to the total fault…including plaintiffs, defendants and persons not party to the action.”
What This Law Means: In simplest terms, it says that you can only recover damages to the degree of the negligent security company’s fault.
For Example: The security company alleges that you were partially at fault for your injuries because you did not follow hotel guest security protocols, and a judge would agree that you were 20 percent at fault. In this scenario, we pretend your injuries cost $40,000 to treat. Therefore, you can only recover up to $32,000 since the security company was 80 percent at fault because of New Mexico’s liability statute.
Liable Parties
Depending upon the issues and evidence, the following parties could be liable for your security company negligence injuries in New Mexico:
- Alarm manufacturers
- Architects
- City inspectors
- Hotel managers
- Hotel owners
- Lock manufacturers
- Monitoring system companies
- Motor vehicle companies
- Security brokers
- Security companies
- Security guards
- Weapons manufacturers
- Other liable parties
As you can see, the liability often falls on the shoulders of an employee, contractor, or manufacturer. They have a public image and reputation to protect, so you can be sure they will do everything possible to avoid being labeled as an “unsafe hotel.” That means you could have several legal options available. However, only a Santa Fe negligent security lawyer can make that determination; ensure you get legal advice as soon as possible to maintain as many available options as possible.
Think You Have a Security Company Negligence Case? Next Steps
You can get answers about your legal rights and options confidentially. Grano Law Offices, P.C. welcomes you to call our personal injury lawyer, Marc A. Grano, for your Free Case Strategy Session. You can schedule your no-cost, no-obligation meeting with us by calling (505) 426-8711 or messaging via the contact form below.
