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Massachusetts Personal Injury Library

Does Inadequate Security Plague Today's Malls? (Part A)

Adequate or Inadequate Mall Security: Drawing the Line

Inadequate security at malls is alleged as a factor in many violent crimes and deaths that lead to civil lawsuits. Those who are injured in physical attacks want accountability from the people in charge of public safety. This sometimes emotionally charged issue is distinct from the criminal prosecution of the perpetrator of violence.

While shopping centers certainly experience frequent security issues, including theft, assault and even homicide, these are not always preventable events for which management is responsible. It pays for shoppers to know just how much due care they can expect from stores under the law. Injuries resulting from criminal activity on mall property may be eligible for damage recovery in court.

Attorneys who practice personal injury, premises liability, negligent security and wrongful death law can make a successful case if conditions set by state laws are met.

Tom Kiley specializes in personal injury cases in Boston, Massachusetts. It is important that the lawyer you select has handled these types of cases and that the attorney understands premises liability claims.

Premises Liability Protects Consumers from Third-Party Attacks

Property owners are held liable for mitigating known threats by outsiders to those legitimately on the scene. Managers know that shopping centers draw criminals looking for cash, for people using automated teller machines and for vulnerable victims to assault or kidnap. How they respond to this knowledge can make or break their chances of refuting a claim in court.

Overall statistical knowledge is limited, though. With no national oversight of industry crime, it is difficult to know how many incidents there are amongst the billions of annual mall transactions. An area review for one city, however, does note the main classifications of mall crimes.

The majority of person-on-person crimes that take place in malls are:

  • Robbery
  • Assault and battery
  • Sexual assault and indecent exposure
  • Homicide

More infrequent episodes of youth “wilding,” trampling by crowds and mass shootings pose further danger to innocent shoppers. Property owners must work with security providers to address these concerns, especially in the wake of a violation.

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