Inadequate security cases are asserted by individuals who are injured from criminal activity on the property of a business, such as an apartment complex, shopping center, hotel and motel, and restaurant.
Not exact matches
Premises liability
cases are most often associated with «slip and fall» claims, but they encompass a far broader spectrum of negligence - based claims, such as allegations of
inadequate security at an apartment complex or insufficient policies and procedures related to hiring employees with criminal histories.
Conclusion: Among others, the «lessons» that can be gleaned from the VTech and VTech USA
cases include: (i) IoT / connected toys and devices remain very vulnerable in the face of haphazard / sloppy
security practices; (ii)
inadequate security safeguards will no longer be tolerated by regulators, particularly when children's information or other sensitive information is involved; (iii) robust and adequate
security safeguards involve multi-level tiers of protection per the above; (iv) vendors should never misrepresent the state of their
security practices in their privacy policies; and (iv) in a connected world, regulators are willing to work together and share data and resources to combat «deceptive and unfair practices that cross national borders» (in the words of the FTC).
Examples of premises liability
cases include dog bite lawsuits, slip and fall
cases, swimming pool drownings,
inadequate security lawsuits, and more.
Negligent
security cases involve people who were victims of criminal acts on a business» or another individual's property because of
inadequate security or a complete failure to provide any
security.
This includes litigation arising from opt - out opportunities in class actions; financial manipulation
cases; distressed investment scenarios, including insolvency and restructuring; allegations of improper fund management or
inadequate disclosures; alleged
securities laws violations; and other complex financial disputes.
Some examples of accidents that result in premises liability
cases include swimming pool or drowning accidents, dog bites, elevator or escalator accidents, collapsed or defective infrastructure, slip and falls, fire and smoke injuries, negligent
security,
inadequate lighting, and exposure to toxic fumes or chemicals.
The injuries involved in these
cases usually result from a defect on the property, such as
inadequate lighting or
security or from a failure to warn about a dangerous condition, such as a slippery floor.
This reminds me of the electronic evidence
cases like In Re Vinhnee (US — 9th circ in bankruptcy) where the judge took it upon himself to examine the technical witness of the plaintiff (American Express) and find the explanation of the information
security practices
inadequate, and as as a result threw out Amex's collection suit against its customer, who had not even bothered to show up.