What are the common elements of a negligent security claim?

Negligent security claims in Washington can arise when a property owner or tenant fails to take reasonable steps to protect visitors, tenants, patrons, or guests from foreseeable risks of harm. As such, a negligent security claim typically consists of the same elements as any other premises liability claim, namely duty, breach, causation, and damages. To establish duty, the claimant must show that the property owner or tenant had a legal obligation to maintain a safe premises. This duty can be created by a written agreement, statute, or local regulation, or by the assumption of the duty when someone invites members of the public onto their property. The claimant must then show that the duty was breached. This typically means that the property owner or tenant did not take reasonable actions to protect visitors from foreseeable harm. The claimant must then prove that the breach of duty caused the harm that was suffered. This is typically done by showing that the harm would not have occurred without the breach. Lastly, the claimant must show that they suffered damages as a result of the harm. This could be a physical injury, emotional distress, a loss of enjoyment, or the cost to repair damage done to the claimant’s property. In order to prevail in a negligent security claim, the claimant must prove each of these elements. If they can prove that the property owner or tenant owed them a duty to keep their property safe, that they breached that duty, that the breach caused their harm, and that they suffered damages, they can succeed in a negligent security claim.

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What are the common elements of a negligent security claim?

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