When Are Property Owners Liable For Crimes Committed On Their Premises In Kenosha?

When a crime occurs on someone’s property, many people wonder whether the property owner can be held liable for the actions of criminals. Property owners have a legal responsibility to keep their premises reasonably safe and to protect visitors from foreseeable dangers. However, the question of when a property owner is liable for crimes committed on their premises is complex and depends on several factors. In this article, we will explore the legal principles behind premises liability in Wisconsin, particularly when it involves crimes and the circumstances under which a property owner might be held responsible.

Property owners have what’s known as a “duty of care” to people who are legally on their property. This means they are required to take steps to prevent foreseeable harm, including criminal acts. However, property owners are not automatically liable for crimes that occur on their premises. The situation becomes more complicated when the crime is a violent act, such as an assault or robbery. While property owners may not be directly responsible for the criminal acts of others, they can be held liable in certain circumstances. Understanding when this is the case requires a deeper look into Wisconsin’s premises liability laws.

Understanding Premises Liability In Wisconsin

Premises liability is a legal term that refers to a property owner’s responsibility to maintain a safe environment for guests and visitors. In Wisconsin, the basic principle behind premises liability is that property owners must take reasonable steps to ensure that people who enter their property are not exposed to unreasonable risks. This includes both natural hazards, such as slippery floors, and human-created risks, such as criminal activity.

Wisconsin law does not automatically make property owners responsible for every crime that happens on their premises. However, if the crime was foreseeable and could have been prevented with reasonable security measures, the property owner may be held liable.

Key Factors In Determining Liability For Crimes On Property

Several factors determine whether a property owner can be held liable for crimes committed on their property. These include:

1. Foreseeability of the Crime – If a property owner knew or should have known that a crime was likely to occur on their property, they might be held liable. For example, if a neighborhood has a history of frequent criminal activity and the property owner fails to take steps to protect visitors, the crime may be considered foreseeable. A property owner who has reason to know that a criminal act could happen must take reasonable precautions to prevent it.
2. Failure to Provide Adequate Security – Property owners are required to take reasonable security measures, particularly if they know their property is located in a high-crime area or if they operate a business that attracts large crowds. Common security measures include installing lighting, hiring security personnel, or implementing surveillance systems. Failure to provide adequate security can increase the property owner’s liability.
3. Type of Crime Committed – The type of crime committed also plays a significant role in determining whether a property owner can be held liable. Property owners are generally not held responsible for all criminal acts that occur on their property. However, in cases where the crime is particularly violent or where the crime could have been prevented through better security, the owner may face liability.
4. Status of the Visitor – The status of the individual who was harmed also impacts liability. In premises liability cases, individuals are categorized based on their relationship with the property owner. If someone is invited onto the property for business purposes, they are typically owed the highest duty of care. Property owners are responsible for taking steps to ensure that business invitees are not harmed by criminal acts. On the other hand, trespassers have less protection under the law.
5. Previous Criminal Activity – If a property owner has experienced prior criminal incidents on the premises, this may support the argument that future criminal acts were foreseeable. For instance, if a property owner is aware that there have been previous assaults or robberies on the premises and does nothing to increase security, the owner may be considered negligent in failing to address the risk.

Wisconsin Statutes On Premises Liability And Criminal Acts

While Wisconsin doesn’t have a specific statute dealing with criminal acts and premises liability, general principles of negligence and premises liability law apply. According to Wisconsin Statutes Chapter 895 et seq., property owners must exercise reasonable care to maintain their premises in a safe condition. This duty includes preventing criminal activity if it is foreseeable and providing adequate measures to protect people who visit the property.

Under Wisconsin Statute 895.52 et seq., which deals with property owner responsibilities, a property owner must also take reasonable steps to ensure that no harm comes to those on the property. If a crime is committed, and it is shown that the owner failed to take reasonable precautions, they could be held accountable for injuries or damages that occurred.

When Can A Property Owner Be Held Liable For A Crime?

A property owner can be held liable for a crime under certain circumstances, including:

• Negligence in Security Measures – If the property owner failed to provide adequate security measures, such as lighting, surveillance cameras, or security personnel, and the crime could have been prevented, the property owner may be held responsible.
• Failure to Address Previous Criminal Activity – If the owner was aware of prior criminal activity on the property and failed to act, they may be liable for future incidents.
• Foreseeable Risk – If a crime was foreseeable based on the history of the area or the nature of the property (for example, an owner of a bar or nightclub in a high-crime area), the owner might be liable for failing to take precautions to prevent harm.
• Criminal Assault or Other Violent Acts – If a violent act, like an assault or robbery, occurs, and it could have been prevented by reasonable measures, the property owner may be liable for the damages or injuries that result.

Defenses To Property Owner Liability

Property owners can defend themselves against premises liability claims by proving that they took reasonable precautions to secure the property and prevent criminal acts. Some common defenses include:

• The crime was not foreseeable.
• The property owner had adequate security measures in place.
• The victim was trespassing or was in an area where they were not allowed to be.
• The crime was committed despite the property owner’s reasonable precautions.

Premises Liability Frequently Asked Questions

When Can A Property Owner Be Liable For Crimes Committed On Their Premises In Kenosha?

A property owner can be held liable for crimes on their premises if they were negligent in maintaining security, failed to address foreseeable criminal risks, or ignored previous incidents of criminal activity. If a crime was foreseeable, and reasonable security measures could have prevented it, the property owner may be responsible for any injuries or damages.

How Do Property Owners Prevent Criminal Activity On Their Premises?

Property owners can prevent criminal activity by implementing measures like proper lighting, security cameras, and alarm systems, and hiring security personnel, particularly if the area is prone to criminal activity. Regular monitoring and prompt responses to past incidents of crime can also help reduce the risk of future crimes.

Can A Business Owner Be Held Liable For A Robbery That Occurs On Their Property?

Yes, a business owner may be held liable for a robbery if they failed to provide adequate security or failed to take measures that could have prevented the crime. This is particularly true if the business is located in an area with a history of criminal activity.

What Should I Do If I Am Injured As A Result Of A Crime On Someone’s Property?

If you are injured as a result of a crime on someone else’s property, you should contact an experienced premises liability attorney. They can help you assess whether the property owner failed to provide adequate security or if other factors contributed to the crime.

Can I File A Lawsuit If I Am The Victim Of A Crime On A Property?

Yes, you can file a lawsuit if you were injured as a result of a crime on a property. The lawsuit would be based on the property owner’s failure to maintain a safe environment or provide adequate security. A skilled attorney can help you pursue compensation for medical bills, lost wages, and other damages.

Call Our Kenosha Premises Liability Injury Lawyer For A Free Consultation

If you have been injured as a result of a crime committed on someone’s property in Kenosha, it is crucial to understand your rights and the property owner’s responsibilities. At The Law Offices of John V. O’Connor, we have the experience and knowledge to help you assess your case and seek the compensation you deserve. Our team is dedicated to protecting your interests and ensuring that property owners are held accountable for their actions.

If you need assistance after a premises injury, contact our Kenosha premises liability injury lawyer at the Law Offices of John V. O’Connor by calling (262) 605-8400 to receive your free consultation. We proudly serve clients in Kenosha and throughout Wisconsin. Let us help you get the justice you deserve.