It is important to be aware of your surroundings when you go out in public. However, you are never going to be able to plan for all of the things that could go wrong while you are on someone else’s property.
Property owners, however, should make moves to help you do just that. A property owner, private or public, should provide those parties who venture onto the property with the safety measures that allow them to avoid unpleasant incidents. Failure to do so, depending on the role a person plays while on the initial party’s property, can constitute a failure of duty of care and can, in turn, make the offending party liable for any losses a victim might incur should a violent incident take place on the property.
Sound like a lot to take in? Ben Crump Law, PLLC can help. An Albuquerque negligent security lawyer can help determine whether or not a property owner may be liable for your losses, such as medical expenses and lost wages, after a violent incident.
To find out more about how an attorney can help, call (800) 896-1221 to discuss your case.
Factors that Determine a Negligent Security Case
Negligent security, when brought before a court of law, describes a situation in which a property owner fails to provide all of those parties who enter onto his property with the protective measures that might keep them safe from extreme or unexpected circumstances. Property owners, as it stands, owe most parties who might enter unto their property a duty of care.
That duty of care, however, does differ depending on what role a person plays upon stepping onto another person’s property. For example:
- Invitees, or parties who have been invited onto another person’s property on all manner of occasions, are entitled to an ordinary duty of care that might see safety cameras and lights installed throughout the property.
- Licensees, or those parties whose careers see them enter unto other parties’ properties, are entitled to a similar duty of care as those invitees.
- Trespassers are not entitled to a duty of care unless those trespassers are children. Children who wander onto another party’s property must at least have the most dangerous of areas marked off, or the property owner may be liable for damages done unto those children while on his property.
For a free legal consultation with a negligent security lawyer serving Albuquerque, call 800-896-1221
Lapses in Security
It is in a property owner’s best interest to have security measures scattered throughout his property to avoid a negligent security case. These lapses in security are often caused by a property owner’s desire to save money or a belief that an area is safe enough not to require security measures.
Examples of negligent security incidents that may allow a person to take legal action include, but are not limited to:
- Rape or sexual assault
- Attack with a weapon
These types of incidents can be more readily avoided if a property owner installs security cameras, security lights, and fencing throughout his property. Call the team at Ben Crump Law, PLLC to discuss the specifics of your case.
Albuquerque Negligent Security Lawyer Near Me 800-896-1221
Legal Options After a Negligent Security Incident
Should you or a loved one fall victim to a negligent security incident, you can work to determine which of those parties involved may be held liable for your losses: the offending party or the property owner. If you believe that the property owner’s lack of security measures on a site allowed the attacking party to do you harm, the property owner may be responsible for your losses.
Contending with Settlement Offers
It is possible for a property owner to offer you a settlement if you endure injury on the property. In these cases, know that you are under no obligation to accept such a settlement without first consulting with a lawyer. An Albuquerque negligent security lawyer can help determine what your potential compensation might look like if you took your case to court. If you believe that the settlement offer you have received will not meet your needs, an attorney can help to negotiate for a fairer award.
- An attorney can also help you with other factors in your situation. For example, they can help draft a demand letter, which lets the other party know the facts of your injury and what you are asking for in return. If the party you believe liable gives you a counteroffer or rejects your demand letter, the attorney can help you decide your next step.
Going to Court
Going to court may be your only option. A lawyer can file a complaint with a local court detailing much of the same information as a demand letter. However, you must submit your complaint within three years, according to New Mexico Statute §37-1-8. While exceptions can be made, failure to deliver your complaint within this given time period can see future attempts to secure compensation dismissed out of hand.
An Albuquerque Negligent Security Lawyer Can Help You
Recovering from a violent attack on another person’s property can be a time-consuming endeavor. Many might be reluctant to pursue legal action while in the midst of this recovery.
The good news is that seeking out legal advice will not cost you a dime. We do not charge you for the services you benefit from unless you receive a settlement. An Albuquerque negligent security lawyer can help you gather evidence and negotiate with another party, or prepare to go to court, all without you having to worry about legal costs.
If you wish to take legal action against a property owner after a negligent security incident, call Ben Crump Law, PLLC at (800) 896-1221.