Albuquerque Negligent Security Attorneys

What Is Considered “Negligent Security” in New Mexico?

In New Mexico, security is deemed "negligent" when property owners and managers fail to take reasonable measures to ensure the safety of those on their premises. This includes both private and public properties such as shopping malls, residential apartments, hotels, parking lots, and even office buildings. Under the state’s premises liability laws, property owners must take into account the likelihood of crime in their area and implement reasonable security measures accordingly. Failure to do so can result in them being held accountable for any injuries or damages resulting from preventable crimes.

The term "reasonable security measures" often becomes a point of contention in negligent security cases. As a general rule, property owners are expected to have adequate lighting, secure access systems, and functional surveillance cameras, among other things. However, what constitutes "reasonable" can vary depending on the specific circumstances. For example, a property in a high-crime area may warrant advanced security measures, such as security guards. If a crime were to occur on such a property due to the lack of such security measures, the property owner could potentially be held liable for negligent security.

Furthermore, the law also considers the foreseeability of criminal activity. If a property has a history of criminal activity and the owner fails to improve security, they might be considered negligent under New Mexico law. For example, if there have been multiple incidents of car thefts in a poorly lit parking lot and the owner has not taken actions to improve lighting or surveillance, they might be held accountable for any subsequent thefts.

Put simply, if you were the victim of assault or theft on property that lacked adequate security measures, you should explore your legal options. Our Albuquerque negligent security attorneys can review the details of your situation and advise whether you have a strong case.

Additional examples of negligent security include:

• Insufficient lighting. A key component of effective security is adequate lighting, especially in areas such as parking lots, walkways, and building entrances. Poorly lit areas can provide cover for crime, increasing the risk of incidents such as muggings or vehicle thefts. If a property owner fails to provide sufficient lighting where necessary, especially in areas where crimes have previously occurred, they may be held liable for any harm caused by subsequent criminal activity.
• Lack of surveillance systems. Whether it's a residential complex, a shopping mall, or an office building, the presence of a functional surveillance system is often a crucial deterrent to criminal activities. Property owners who fail to install or maintain these systems may be viewed as negligent under the law.
• Inadequate access control. This includes failing to secure entrances and exits properly or not having a system to monitor or restrict who comes in and out of the property. In residential properties or hotels, for example, a lack of secure locks, broken windows, or non-working access key systems could all be seen as negligent security.
• Absence of security personnel. In some cases, especially in high-risk areas, the presence of security personnel may be deemed necessary. A failure to employ security staff or provide adequate training can be considered a form of negligent security.

What Types of Injuries Can Stem from Negligent Security in Albuquerque, NM?

The absence of effective, reasonable security measures removes obstacles for criminals and increases the vulnerability of potential victims. As a result, individuals on properties with negligent security are more likely to experience injuries linked to criminal activities. These include the physical injuries that can result from assault and muggings as well as additional types of injuries that frequently come with life-altering impacts.

Examples of injuries that can result from crimes enabled by a lack of basic security measures include:

• Physical injuries. These are the most common outcomes of crimes linked to negligent security. They can range from minor bruises and cuts to serious bodily harm such as broken bones, spinal cord injuries, or even traumatic brain injuries. Physical injuries can happen as a result of assaults, muggings, or other violent crimes enabled by inadequate security. 
• Emotional and psychological trauma. Victims of crimes like assault often suffer intense emotional and psychological trauma. This can potentially trigger one or more mental health conditions, including anxiety, depression, or post-traumatic stress disorder (PTSD). The emotional consequences can be equally (if not more) debilitating than the physical injuries and often require long-term therapy and treatment.
• Sexual assault injuries. Inadequate security measures can also lead to especially horrific crimes like sexual assault. Victims can suffer from both physical injuries and severe psychological trauma that could require extensive medical and therapeutic care.
• Fatal injuries. In worst-case scenarios, negligent security can lead to fatal injuries. If a property owner's negligence leads to a person's death, the deceased's family has the right to file a wrongful death lawsuit and seek compensation.
• Financial loss. When security measures are insufficient, it creates an inviting environment for thieves to target and steal valuable possessions or assets. In some cases, the financial impact extends beyond the immediate loss of property. For example, if personal identification documents or credit card information are stolen, victims may face identity theft, leading to unauthorized transactions, credit score damage, and a long, complex recovery process.

Types of Compensation Available to Negligent Security Victims in Albuquerque, NM