What Do You Need To Prove in a Negligent Security Case?
In a negligent security case, you will need to prove that the property owner knew, or should have reasonably known, about the dangerous condition on his or her property but failed to remedy the dangerous condition or protect against it.
You will also need to show that the property owner’s negligence directly led to your injuries. For example, suppose you were attacked in a dimly lit parking lot. You will need to show that there was a lack of lighting on the property if this contributed to your attack. When you can prove these things, you may be able to recover damages for your medical bills, lost wages, and pain and suffering.
Our negligent security attorneys at Phillips Law Group have the resources and experience necessary to gather evidence and build a solid case on your behalf. You can trust your case is in safe hands with us. We can handle negotiations with the insurance company and take your case to trial if necessary.
All in all, we will fight to protect your rights when we take on your case because you deserve fair compensation for your injuries. We stand ready to support you every step of the way. Call us at (602) 222-2222 today to schedule a free, no-obligation case review, or fill out the online contact form.
What Causes a Negligent Security Incident?
There are many different ways in which property owners may fail to provide adequate security, leading to an increased risk of crime on their properties.
Here are some of the most common types of inadequate or negligent security:
- Poorly lit areas: A lack of lighting is one of the most common security problems, unfortunately. This makes it easier for criminals to hide and makes it more difficult for potential victims to see what is going on around them.
- Unlocked doors and windows: If entry points are not properly secured, it is easier for criminals to gain access to a property.
- Lack of security personnel: Properties that are inadequately staffed with security personnel are more vulnerable to criminal activity.
- Inadequate security systems: Properties that lack proper security systems (alarms, cameras, etc.) are also at a higher risk for crime.
How to Prove Your Negligent Security Claims
Negligent security claims are often complex and can be difficult to prove. An experienced personal injury attorney can help you investigate your claim, gather evidence, and prove that the property owner did not provide adequate security. To prove these elements, evidence may be gathered from a variety of sources.
After being involved in a negligent security incident, you should follow these steps to protect your claim:
- Contact the police immediately. The police report, if one was filed, can provide information about what happened and who was involved.
- Ask witnesses to give testimony about what was seen or heard. It is important to get statements from witnesses as soon as possible to ensure an accurate account.
- Seek medical attention. Medical records can document the injuries sustained. And finally, security camera footage, if available, can show what happened and who was responsible.
- Look at the property itself and see whether there were any obvious security risks. For example, if there was no lighting in the parking lot or the front door was unlocked at the time of the incident, then that could constitute negligence on the part of the property owner.
- Show that the property owner knew or should have known about these security risks but did nothing to mitigate them. For example, if there had been previous incidents of violence on the property or in the surrounding area, the property owner should have taken reasonable steps to increase security and avoid problems.
- Show that, as a result of the inadequate security, you or your loved one has been harmed. The harm may be physical harm, emotional distress, or financial damages such as medical bills. If you can prove all of these elements, you may be able to recover compensation for your losses.
The Property Owner’s Responsibility to Ensure Safety
In most states, the property owner has a duty to provide reasonably safe premises for all tenants. This duty includes taking steps to prevent foreseeable crimes, like providing adequate lighting in parking lots or hiring security guards.
If the property owner fails to take these precautions and you were attacked, robbed, or injured on commercial or residential property, the owner may be held liable if it can be shown that reasonable measures were not taken to ensure your safety.
It is always advisable to contact a personal injury attorney to discuss your case right away. An experienced attorney will be able to help you gather evidence and build a strong case against the property owner.
The following are some examples of negligent security that could lead to a successful lawsuit:
- Failing to maintain the property in a reasonably safe condition
- Neglecting to address or repair known hazards on the property
- Failing to provide adequate lighting in areas where crimes could occur
- Neglecting to install security cameras or alarms in areas where crimes could occur
- Failing to properly screen employees or tenants who have access to the property
Do Negligent Security Laws Apply to Incidents on Public Property?
In order to prove a negligent security case, you must first establish that the property owner owed you a duty of care. There are a few factors that will be considered in determining whether or not the property owner had such an obligation.
These include the type of property, the location of the property, and whether or not there is a history of crime in the area. For example, if you are injured in a robbery at a convenience store, a hotel, or another business, it is more likely that the store owner will be held liable than if you are injured in a robbery at a nearby public park.
Once it has been established that the property owner owed you a duty of care, you must then prove that he or she breached that duty. If you can prove that the property owner breached the duty of care and that this breach resulted in your injuries, you may be able to recover damages from that party.
These damages can include medical expenses, lost wages, and pain and suffering. In some cases, punitive damages may also be awarded.
Phillips Law Group Can Help After a Negligent Security Incident
If you or a loved one has been the victim of a crime that could have been prevented had better security been in place, do not hesitate to contact Phillips Law Group. Negligent security cases can be complex, but our experienced personal injury attorneys can help you navigate the process and hold the responsible parties accountable.
At Phillips Law Group, we have successfully represented many victims of negligent security incidents, and we can put our experience to work for you too. Your time is limited to file a claim, so if you have been the victim of a violent crime, contact us today for a free consultation.
We will work tirelessly to get you the compensation you deserve for your injuries. To schedule a free consultation, fill out the online contact form or call us at (602) 222-2222. There is no obligation when calling us, nor upfront fees. You only pay us if we win you a settlement. Let us help you seek the justice you need.
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