If you were the victim of a crime on someone else’s property or business establishment, the person in charge of the site could also share the fault if they did not supply adequate security. If you have suffered injuries or had your belongings stolen on someone else’s premises in Denver, you might be able to take legal action against the property owner.
A Denver negligent security lawyer with Ben Crump Law, PLLC can help you receive the compensation you deserve from these parties. For inquiries, call our law office at (800) 896-1221 to speak with a team member.
Negligent Security Is Under Premises Liability Law
A Denver negligent security case generally falls under the jurisdiction of Colorado’s premises liability laws, which you can find in the Colorado Revised Statutes (CRS) § 13-21-115. It states that a property owner is responsible for their visitor(s)’s injuries, though it also hinges on what type of visitor they are.
For instance, if they were a business’s customers, then the establishment is expected to provide security measures depending on their risk level. Since a bank could have a higher risk of robberies, then this would mean they may need guards, CCTV, and other modern security systems. Having inadequate security can be considered negligence on their part, especially if it resulted in crimes.
However, if the injured visitor is a trespasser, the property owner’s liability may be reduced. They are not required to keep their premises safe for intruders, especially if they are unaware of their presence.
For a free legal consultation with a negligent security lawyers lawyer, call (844) 638-1822
Possible Parties at Fault
The landowner is usually in charge of implementing security measures on the premises. These can include setting up surveillance cameras, door and window locks, and even adequate lighting. However, depending on where the incident happened, other parties can be held accountable as well. For example, a business renting the property could be at fault if their lack of security guards allowed someone to rob or attack a customer. Someone renting a condominium could also be liable for a guest’s injuries during a crime if they failed to address any issues with the building’s security, such as faulty locks.
A Denver negligent security lawyer with Ben Crump Law, PLLC can help you investigate who is liable for the security breach. The attorney can help you understand which laws are relevant to your case and explain them in detail.
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Comparative Fault Rules May Affect the Verdict
Under CRS § 13-21-111, Colorado uses a modified comparative negligence system for determining how much you should receive for your negligent security lawsuit. It means that even if the defendant is liable for the lack of security, the jury may also find claimants partially responsible if your case goes to court. It can decide the amount that will reduce your recoverable losses based on the percentage of fault you share.
For example, the court may declare the plaintiff 20% at fault for unknowingly trespassing when they suffered injuries. This means that if their total awards are, say, $50,000, they will now only receive $40,000 or 80% of the initial amount.
Do keep in mind that the court may not grant any awards if the plaintiff’s fault is 50 percent or more.
Non-Economic Awards Caps
While Colorado does not have any economic awards caps, they limit non-economic awards, such as pain and suffering. According to CRS § 13-21-102.5, this amount typically cannot exceed $250,000 and should not, in any case, go past $500,000.
You may want to keep track of your incident-related expenses, such as your hospital bills and even drug store receipts. Your records can help calculate your losses accurately so you may pursue an appropriate settlement amount.
The Denver negligent security lawyer can help you compile the records of your expenses and search for evidence that the defendant is indeed at fault for the security lapses. They can also serve as a representative if you go to court. If you choose to hold a private settlement instead, they can negotiate with the other party on your behalf.
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Filing Deadlines for Denver Negligent Security Claims
Under CRS § 13-80-102, tort cases resulting from negligence are two years from the day you were injured. The same goes for your negligent security suit. However, there are occasions where the state can move your deadline or “toll” the statute. One instance is if the victim is a minor. In their case, the timer may only start counting once they have turned 18 years old.
To help ensure that you can file your case within the allotted time, consider filing it soon after the incident. A few years may seem like enough time, but keep in mind that you may have other priorities that can keep you from working on it. Hire a Denver negligent security lawyer with Ben Crump Law, PLLC to assist you with building your lawsuit and meeting the deadline.
We Are Here to Fight for Justice
While it is a business or landowner’s responsibility to keep tenants and guests safe, if you are the victim of a breach in security on their property, a Denver negligent security lawyer can help you file a case against the at-fault party. Ben Crump Law, PLLC has a team that can provide legal advice and representation to help you obtain compensation for your losses.
If you need more information regarding your case, call us at (800) 896-1221 for a free consultation.