Can a Business Be Liable for Failing to Hire Proper Security Guards?
Businesses that invite customers, tenants, or guests onto their property are expected to take reasonable steps to maintain a safe environment. In some situations, that may include hiring trained and competent security personnel. When a business fails to do so—and someone is injured as a result—the business may face legal liability.
In North Carolina, these cases are often evaluated under negligent security and premises liability principles. The key question is whether the business acted reasonably in light of the risks it knew or should have known about.
Executive Summary
A business in North Carolina may be liable for failing to hire proper security guards if the lack of adequate security contributed to a foreseeable injury. Liability often depends on the nature of the business, prior incidents, and whether reasonable precautions—such as trained security personnel—were necessary under the circumstances.
When Security Guards May Be Required
Not every business is required to hire security guards. However, in higher-risk environments, security personnel may be a reasonable and expected safety measure.
Examples of businesses where security may be necessary include:
- Nightclubs, bars, and entertainment venues
- Apartment complexes with prior criminal activity
- Shopping centers and large retail areas
- Hotels and event venues
- Parking garages and high-traffic areas
The need for security often depends on the level of risk associated with the property and its history of incidents.
What Is Negligent Security Hiring?
Negligent security hiring refers to a business’s failure to hire adequate, qualified, or properly trained security personnel when it would be reasonable to do so. It can also include hiring security staff who are unqualified or failing to properly supervise them.
These cases focus on whether the business made reasonable decisions about security in light of foreseeable risks.
When a Business May Be Liable
A business may face liability if its failure to hire proper security contributed to an injury or criminal act. This typically requires showing that the risk was foreseeable and that reasonable steps were not taken.
Examples of situations that may support liability include:
- A history of assaults, thefts, or violent incidents at the property
- No security personnel in a high-risk environment
- Hiring untrained or unlicensed security guards
- Failing to properly supervise or manage security staff
- Ignoring known safety risks or complaints from customers or tenants
- Understaffing security during large events or peak hours
If a business knew or should have known that security was necessary but failed to act, that failure may be considered negligence.
Foreseeability and Prior Incidents
Foreseeability is a central issue in negligent security cases. A business is more likely to be held responsible if there were warning signs that an incident could occur.
Relevant factors may include:
- Previous criminal activity on the property
- The nature of the surrounding area
- Prior complaints or reports of unsafe conditions
- Patterns of behavior involving customers or visitors
The more foreseeable the risk, the greater the responsibility to take reasonable precautions.
Key Factors in Security Hiring Cases
| Factor | Why It Matters |
|---|---|
| Prior Incidents | Establishes whether security was necessary |
| Type of Business | Determines expected level of security |
| Security Staffing | Shows whether adequate personnel were provided |
| Training and Qualifications | Indicates whether guards were competent |
| Management Decisions | Reflects whether risks were addressed appropriately |
Who May Be Responsible?
Depending on the situation, liability may involve multiple parties.
| Potential Party | Possible Role |
|---|---|
| Business Owner | Responsible for overall safety decisions |
| Property Owner | May share responsibility for premises conditions |
| Management Company | Handles daily operations and staffing decisions |
| Security Company | May be liable if services were inadequate |
What Damages May Be Available?
Victims of negligent security may suffer significant harm. Depending on the case, damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Long-term care needs
The specific damages depend on the facts of each case.
What To Do After an Injury Involving Inadequate Security
- Seek medical attention immediately.
- Report the incident to authorities and the property owner.
- Document the scene and any safety issues.
- Identify witnesses and gather contact information.
- Preserve any evidence, including photos and communications.
- Avoid making detailed public statements.
Speak With Burts Law
If you or a loved one has been injured due to inadequate or nonexistent security in North Carolina, Burts Law, PLLC can help you understand your rights and evaluate whether a negligent security claim may be available. These cases often depend on what the business knew and whether reasonable steps were taken to prevent harm.
Contact Burts Law to schedule a confidential consultation and learn more about your legal options.
