When you enter property belonging to others, particularly in a public place, you expect to enjoy some level of safety and security while present there. If you become the victim of a violent attack or assault while on the property, you may suffer severe injuries. Property owners who allow the potential for criminal activity to occur on their property can be liable if you or others fall victim to violent crimes.
Fort Worth negligent security lawyers can examine your situation and determine if you have any negligent security claims against the property owners. Call Ben Crump Law, PLLC, at 800-959-1444 to learn more about your options.
Negligent Security and Premises Liability Claims
Negligent security claims are a type of premises liability, in which the property owners are responsible for injuries that occur on their property. Premises liability for property owners can arise in various situations, but one such situation is when a preventable crime occurs on the property and harms someone. In this case, the property owners can be liable if they could have taken steps to increase security and prevent the crime.
For example, a negligent security claim might result from an assault that occurred in a poorly lit parking lot or a walkway hidden from security cameras. Other instances of negligent security might arise when people fall victim to armed robberies outside shopping malls, sexual assaults in hotel stairwells, or muggings on apartment building sidewalks.
Especially if crimes have occurred in the area in the past, property owners often take security measures, such as employing security guards, installing security cameras, and providing proper lighting. Other available security practices might include installing locks, gates, and fencing around the property to protect visitors to the property. When property owners do not provide adequate security, Fort Worth negligent security lawyers may be able to hold them liable for their negligence.
For a free legal consultation with a negligent security lawyer serving Fort Worth, call 800-896-1221
Proving a Negligent Security Claim
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You might assume that pursuing the person who harmed you is the easiest way to get compensation for your losses. In many cases, however, you may not be able to locate or identify the person who caused your injuries. Even if you cannot track down that person, you still may have a negligent security claim against the property owners.
A successful negligent security claim requires you to prove at least four separate elements. Evidence of each of these elements can be essential to building your claim for damages. These elements include:
- Proof of ownership of the property where you suffered harm
- Evidence that the property owner knew of the potential for crimes causing injuries to occur on the property
- Security and crime prevention efforts at the property were insufficient
- The lack of security caused your injuries
Negligent security claims depend on allegations that the property owners did not recognize and implement needed safety precautions for their guests. They could have reasonably foreseen crimes occurring on the property, but still took no action. These property owners were aware of the possibility that others could suffer injuries on their property, but still did nothing to prevent the crimes and the resulting injuries from occurring.
Property owners who fail to keep patrons, guests, and visitors safe from harm while on their property violate their legal responsibilities to others. When security is necessary and available, but property owners choose not to utilize it, they may face financial consequences when others suffer injuries as a result.
Compensation for Negligent Security Claims
Compensation in negligent security claims can include both economic damages and noneconomic damages. Economic damages often are easier to value, but noneconomic damages also can be a major source of losses in a negligent security claim. Texas state law generally places no limits or caps on economic or noneconomic claims in negligent security cases.
Injury victims usually can place dollar figures on purely economic damages. For example, if their injuries required medical treatment, they likely have bills showing how much that treatment cost. Another common source of economic damages is the inability to work due to the injuries suffered. Injury victims lose income while they are unable to work, and if their injuries are permanently disabling, they may lose substantial future income.
Noneconomic damages are less tangible losses that injury victims routinely suffer in these situations. These losses may include compensation for pain and suffering, emotional trauma, and scarring or disfigurement.
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Deadlines for Negligent Security Claims
Texas Civil Practice and Remedies Code § 74.251 places a deadline or statute of limitations on injury victims who want to file negligent security claims. This code section requires that injury victims formally file their personal injury claims within two years of the incident. If the injuries arose from a sexual assault or selected other crimes, however, Texas Civil Practice and Remedies Code § 16.0045, then the statute of limitations may be longer.
Missing the deadline for filing a negligent security suit can prevent you from getting any compensation for your injuries if you choose or need to go to court. Getting legal assistance can help you avoid this potential pitfall and allow you to hold the responsible parties accountable for their negligence.
Contact Ben Crump Law, PLLC, for Legal Advice and Assistance
When you or a loved one have suffered severe injuries from a violent crime while present on the property of others, you may be able to hold the property owners liable for your injuries. If proper security measures would have prevented your injuries, you may have a valid legal claim for compensation. Fort Worth negligent security lawyers can help you gather the evidence necessary to support a negligent security claim.
Suffering devastating injuries in a crime is a highly stressful and difficult situation. While you are working toward your physical and mental recovery, you should not have to worry about your medical bills or your inability to work. By calling the offices of Ben Crump Law, PLLC, at 800-959-1444, you can take the first step in your fight to hold property owners responsible for negligence and the costs of your injuries.