Criminal offenses like assaults and robberies that occur in public places can be preventable. A negligent security claim allows you to hold the property owner responsible when they failed to protect you from a violent criminal act. According to the Bureau of Justice Statistics (BJS), most robberies and property crimes occur in restaurants, parking lots, bars, and other commercial businesses.
If a criminal act resulted in your injury, you could have a claim for a monetary award against the owner of the property where the crime occurred. An Indianapolis negligent security lawyer can review your case and identify the parties that were responsible for your injuries. To discuss your case in detail and schedule a free consultation, call Ben Crump Law, PLLC today at (800) 896-1221.
Examples of Negligent Security Cases
Negligent security claims center around the safety measures a business takes to protect their customers, employees, or residents. Some of these measures are simple, like ensuring that a facility is appropriately staffed or that exterior door locks are functional. Regardless of the specific security measure in question, a business owner holds a duty to their patrons to protect them from reasonably foreseeable criminal activity.
Some examples of security failures that could lead to a negligent security claim include:
- Poor lighting in a parking lot
- Missing gates in an apartment complex common area
- Lack of on-site security
- Broken door locks
- Disabled security cameras
- Windows without locks
- Poorly trained or vetted security guards
- Lack of an alarm system
- Failure to notify residents of recent criminal activity
- Understaffed facilities
Any one of these security lapses could lead to the commission of a criminal act. When a violent crime occurs, the injuries can be severe. A patron that suffers an injury under these circumstances has the right to pursue a negligent security claim against the business owner or operator. If you have been a victim of crime, an Indianapolis negligent security lawyer could help you pursue compensation for any injuries you have suffered. Call Ben Crump Law, PLLC right away to schedule your free case evaluation.
For a free legal consultation with a negligent security lawyer serving Indianapolis, call (800) 896-1221
Common Injuries from Criminal Assaults
Any criminal act, from an assault to an armed robbery, could result in violence. There are potential injuries that can occur in these cases. According to the Centers for Disease Control and Prevention (CDC), common injuries during a violent attack include:
- Puncture wounds
- Broken bones
In severe cases, these attacks can result in stabbing or gunshot wounds. In addition to the physical trauma, these injuries also create the risk of significant blood loss.
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How These Claims Work in Indianapolis
The property owners may not face liability for every criminal act that occurs on their property. To succeed with a negligent security claim, a victim of a crime must establish that the landowner failed to take steps to prevent any third party’s reasonably foreseeable criminal acts. The property owner should have known about criminal activity that occurs on or around the premises.
There are two important elements that a plaintiff must meet in each of these cases. Not only must the plaintiff show the criminal act that resulted in their injury was reasonably foreseeable, but they must also establish that the property owner’s negligence directly resulted in their injuries.
Whether or not a criminal act was reasonably foreseeable by the property owner can be a highly contested element of a claim. A crime can be foreseeable when a property owner is aware that the criminal in question was on the premises or regularly appeared there. If the property owner knew of the criminal’s violent history and failed to prevent them from entering, it could result in a viable negligent security claim.
A negligent security claim is possible without the property owner or operator actively knowing a criminal is present. A crime is also foreseeable if there was an atmosphere of potential violent criminal activity at the property or in the neighborhood nearby. In some cases, the court could find that efforts to increase security by a property owner are a sign that criminal activity was foreseeable.
It is not enough for criminal activity to be present around the property in question. A negligent security claim also requires that the property owner’s failure to address these foreseeable criminal acts was directly responsible for the plaintiff’s injuries. This element is known as causation.
Causation is generally proven through evidence that the property owner’s efforts to prevent foreseeable criminal acts were inadequate. This could involve proof that the defendant’s surveillance system was not working or that security checkpoints were left unmanned.
Statute of Limitations in Indiana
Under Indiana Code §34-11-2-4, you have two years to file a personal injury claim or lawsuit. Failure to do so in that timeframe can risk your ability to file at all. Nevertheless, there can be exceptions, depending on your case’s circumstances.
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Filing a Negligent Security Claim Could Result in a Monetary Award
If you have been the victim of a crime, you could be facing both physical and financial burdens from the incident. If your landlord or another property owner failed to reasonably protect you from a criminal act on their property, you could be entitled to compensation for your injuries.
An Indianapolis negligent security lawyer could help you obtain the monetary award you deserve. Learn more during a free consultation, and call Ben Crump Law, PLLC at (800) 896-1221 today. We work on contingency, so you will not owe us anything unless we can secure financial awards on your behalf.