Whenever you visit public spaces like shopping malls, offices, and other establishments, you should feel safe and protected against crimes or any forms of violence. But if you get hurt, it may be due to inadequate security on the premises. Rather than go after the perpetrator, you can seek compensation from the property owner or tenant due to their negligence.
Consult a Philadelphia negligent security lawyer from Ben Crump Law, PLLC, to know your next steps. Our team understands the complexities of security negligence, and we want to help you build your case. Reach out at 800-959-1444 for a free case evaluation to get started.
Premises Owners Are Responsible for Safety and Security
Property owners have a duty of care to those who enter the premises legally. Apart from ensuring their premises are safe, they should keep it secure to prevent possible criminal activities or attacks that harm others. Adequate security measures include a combination of methods, such as placing security personnel, installing surveillance systems, fences, ample lighting, and implementing other necessary protocols.
Moreover, they have the responsibility to guarantee the effectiveness of their security measures. Otherwise, they are liable for any incidents due to identified inefficiencies. Outdated security cameras, damaged fences, gates, and locks, or untrained security personnel can lead to lapses in security and an increased risk for criminal activity like robbery, theft, assault, or harassment. They would be at fault for resulting injuries and property damage because they breached their duty of providing reasonable security measures.
If you are a victim of an attack that happened because of inadequate security, you can pursue compensation from the property occupant or owner. A lawyer can help you file a claim or proceed with a lawsuit.
For a free legal consultation with a negligent security lawyer serving Philadelphia, call 800-896-1221
Proving Negligence Is Essential in Pursuing Compensation
When seeking compensatory damages for a negligent security claim, the burden of proof lies with the injured or harmed party. You have to prove that existing security measures were lacking or inadequate to prevent the crime or violent act. For instance, the incident occurred because a malfunctioning security camera failed to alert the security personnel, or an inexperienced guard did not notice the warning signs. If the property owner or possessor did nothing to address these, they exhibited negligence in their security protection and protocols, causing harm or injuries.
For a claim to be valid, you also have to show that the premises owner or manager failed to exercise due diligence in determining possible criminal activity around the area—is there imminent harm or danger that people should be wary of? If yes, there should be warnings to inform them.
If there were similar crimes before, a property owner or possessor must have adequate security measures to stop or reduce the likelihood of such incidents in the future. The court will also factor in the frequency of law enforcement visiting the property or nearby areas for comparable or unrelated crime as an indication of foreseeability.
If you believe that what you have experienced was avoidable with adequate security, you may collect damages for sustained harm from liable parties. You can work with a Philadelphia negligent security lawyer at Ben Crump Law, PLLC, to build a case for your claim. Call us today to speak with one of our team members for a free evaluation.
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Damages You Can Recover from a Negligent Security Claim
Negligent security falls under premises liability, wherein owners and managers are responsible for anyone hurt inside the property. So, if you have injuries or suffered harm because of lax security protocols or lapses, you have the right to compensation.
The damages you can collect will vary for every case because of the surrounding circumstances. However, you can recover medical bills, lost wages, and other out-of-pocket expenses resulting from having injuries. If you were disabled and lost your ability to work, you may receive the equivalent amount of your future earnings as part of economic damages. You may also be entitled to non-economic damages to compensate you for your emotional distress or mental trauma. However, giving it a reasonable amount is often difficult.
Since security negligence is a type of premises liability, a property owner or possessor can forward the claim to their insurance company as they likely have coverage for these. On the other hand, the carrier can deny the claim, especially if they believe that there is adequate security, and the insured exercised reasonable care.
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When to Hire a Lawyer
Most negligent or inadequate security incidents are complicated, so you can work with a lawyer to build your case. Property owners and managers will try to demonstrate that their security measures are sufficient to eliminate or reduce the risk of harm or danger. Moreover, they can use the defense that you, the victim, had partly contributed to the incident, effectively decreasing your financial recovery.
Like many states, Pennsylvania follows the rule of comparative negligence in premises liability cases. If your percentage of fault in the incident stands at 50% or below, you will receive damages, minus your contribution, according to Pennsylvania Consolidated Statutes § 7102. If you are mainly responsible for what happened, you generally cannot recover anything from the liable party.
By working with a lawyer, you will get help to establish that the liability falls on the property owner or manager—they may have lacked preparations or were aware of possible lapses but failed to address these on time, leading to harm. Your lawyer will collect relevant information and investigate to determine fault in the incident.
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Turn to Us for Legal Support
At Ben Crump Law, PLLC, a Philadelphia negligent security lawyer can tackle premises liability-related cases. They will help you ensure that you get a fair settlement amount that you deserve, whether you choose to file a claim or proceed with litigation. Apart from legal advice, they will provide representation should you take your case to court.
Call 800-959-1444 to schedule a no-obligation initial consultation, or accomplish a free case evaluation to get started.
Call or text 800-896-1221 or complete a Free Case Evaluation form