Understanding the Legal Path to Justice After an Attack on Someone Else’s Property.
When you are the victim of a violent crime, the emotional and physical trauma can be life-altering. The fear, the pain, and the sense of having your safety violated can be overwhelming. This feeling is even more profound when the crime could have been prevented—if a property owner had simply done their part to keep you safe.
This is where the principles of premises liability and negligent security come into play. A negligent security lawyer, a premises liability attorney, specializes in these complex cases. Their role is to investigate the circumstances of an attack, identify a property owner’s failures, and fight to hold them accountable.
A landlord, business owner, or property manager must provide a reasonably safe environment for their guests, tenants, and customers. They may be legally responsible for the damages when they fail in this duty and someone is harmed.
The Unfortunate Reality of Crime on Private Property
Crimes such as assault, robbery, and even murder do not only occur in public spaces. Many of these devastating events occur on what should be safe, private property. The data clearly shows that inadequate security is a serious and widespread problem.
According to the Federal Bureau of Investigation’s (FBI) latest Uniform Crime Reporting (UCR) Program data, there were 583,940 reported robberies and 847,522 burglaries in the United States 2022 alone. These crimes often happen on private property where security is lacking. A separate study published in the National Library of Medicine found that a significant portion of violent crimes, including assaults and robberies, occur in commercial spaces like bars, retail stores, and hotels.
These numbers tell a stark story: your security is not guaranteed. However, property owners must take reasonable steps to prevent foreseeable crimes. A legal remedy may be available when they don’t, and you are hurt.
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Examples of Negligent Security
Negligent security is not just about a lack of security guards. It involves a wide range of failures by property owners to keep their premises safe. When these failures contribute to a crime, they can be held responsible.
Common examples of negligent security include:
- Failure to install adequate lighting in parking lots, stairwells, or common areas.
- Malfunctioning or non-existent surveillance cameras that fail to deter criminals or provide evidence.
- Broken locks, gates, or fences that allow unauthorized access to the property.
- Hiring poorly trained or unqualified security staff who cannot respond to a threat.
- Failing to warn tenants or guests of known security threats or a history of crime in the area.
- Negligent hiring of employees who have a history of violent or criminal behavior.
If you have been a victim of a crime on someone else’s property, it is essential to determine if any of these failures played a part in what happened to you. A skilled negligent security lawyer can help you with this investigation.
The Legal Duty of Property Owners
Premises liability law is built on a simple idea: a property owner’s responsibility depends on who the visitor is. Legally, visitors are typically classified as either invitees, licensees, or trespassers. Most negligent security cases involve invitees, such as customers in a store or tenants in an apartment building, to whom the owner owes the highest duty of care.
A property owner must make a reasonable effort to keep their premises safe for these visitors. This includes regular inspections to find and fix hazardous conditions and taking reasonable steps to protect against foreseeable criminal acts.
As Pamela A. Wilkins from Mercer Law School wrote in an article on premises liability, “A reform bill should not be modeled after Senate Bill 186. That bill sacrifices customer safety on the altar of so-called friendliness to business, as if the two goals are mutually exclusive. But businesses can thrive when encouraged to create safe conditions for customers.” This shows the legal community’s emphasis on the importance of prioritizing safety.
READ: Who Should I Contact if I Am Injured Due to Negligent Security?
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Your Negligent Security Lawsuit
When you decide to file a lawsuit, a negligent security lawyer will guide you through every step of the process. Their goal is to prove that the property owner’s negligence was a direct cause of your injuries. This requires careful investigation and a deep understanding of the law.
The process of a negligent security lawsuit typically involves these key steps:
- Investigation and Evidence Gathering: Your lawyer will immediately begin gathering evidence. This includes reviewing police reports, requesting surveillance footage, interviewing witnesses, and examining the property for security failures. They will also investigate the property’s history of crime, which helps establish if the attack was foreseeable.
- Proving a Breach of Duty: To win a case, your attorney must show that the property owner knew or should have known about a potential danger but failed to act. For example, if a hotel had a history of break-ins but refused to repair a broken door lock, a jury could conclude that they were negligent.
- Calculating Damages: A negligent security lawsuit seeks compensation for the full extent of your injuries. This can include:
- Medical Expenses: Past, present, and future costs related to your injuries.
- Lost Wages: Income you have lost because of your injuries.
- Pain and Suffering: Compensation for your physical pain and emotional distress.
- Punitive Damages: In extreme or reckless negligence cases, the court may award additional damages to punish the defendant.
- Negotiation and Trial: Most negligent security lawsuits are settled out of court. However, your attorney will be prepared to take your case to trial if a fair settlement cannot be reached. They will present your case to a judge and jury, fighting for the justice you deserve.
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Why You Need a Negligent Security Lawyer
A negligent security case is highly specialized. It requires an attorney with experience in premises liability and a deep knowledge of the specific applicable laws and regulations. Property owners and insurance companies have significant resources and will do everything possible to deny your claim.
If you or a loved one has been harmed on someone else’s property due to inadequate security, you do not have to face the legal system alone. The first step is to seek a legal opinion to understand your rights and options.
An experienced negligent security lawyer will act as your advocate, protecting your rights and ensuring your voice is heard. They will handle the legal complexities, allowing you to focus on recovery and healing.
Contact the Ben Crump Law firm today for a free, private case review by calling (800) 896-1221.
About Ben Crump Law
Renowned civil rights attorney Ben Crump founded Ben Crump Law PLLC, believing justice equals respect. His firm is devoted to advocating for the voiceless of our society, whenever or whatever kind of harm may have befallen them. From personal injury to labor and employment matters to class action lawsuits and many other types (click to view all practice areas), our attorneys are dedicated to holding the powerful accountable for their actions.
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