There was a time when premises liability negligence claims were confined to slip and falls, maintenance failures, and failure to adhere to published safety standards. Recently, it’s become commonplace for plaintiffs to impose a duty on businesses and landowners to provide “security.” Without a written contract defining what “security” is in the context of premises liability, one would be hard-pressed to find a lawyer who could explain what it means from a legal perspective.
Generally, private security companies have written contracts designating the company’s duty on the premises. Unfortunately for the security companies, many contracts are broad and not carefully written. This leads to negligent security claims from plaintiffs injured on the premises mostly through a blend of common law duties and duties derived from the original contract, whether consistent with the intent of the parties or not.
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