What are the most common defenses to negligent security cases?

The most common defenses to negligent security cases in Washington are the lack of prior knowledge, lack of foreseeability, comparative negligence and assumption of risk. The lack of prior knowledge defense basically states that the defendant was never made aware of the security issue and, therefore, could not have provided adequate protection. For example, if a business owner was unaware of prior violent incidents on their property, they may be able to claim the defense of lack of prior knowledge. The lack of foreseeability defense says that the defendant could not have predicted the incident or that the incident was not foreseeable. For example, if an incident occurs that had never happened before on the premises and the defendant had no way of anticipating it, this defense could be used. Comparative negligence is a defense which states that both the plaintiff and defendant shared in the blame of the incident and therefore, the defendant is not completely responsible for any damages incurred. The assumption of risk is a defense which claims that the plaintiff is aware of the risks associated with the activity or location and voluntarily assumes those risks. For example, if a person visits a bar which has had a history of violence and is injured as a result, the defendant could claim that the plaintiff assumed the risk of injury when they decided to enter the establishment. These are the most common defenses used in negligent security cases in Washington. It is important to consult with a qualified attorney to determine which defense may be most appropriate for your specific case.

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