Negligent security cases can arise with all types of premises, such as residential or commercial property, whether publicly or privately owned. Some of the places where negligent security incidents can happen include, according to the Bureau of Justice Statistics (BJS):
- Gas stations
- Schools and universities
- Parks and playgrounds
- Parking garages and parking lots
- Apartment buildings
- Shopping centers
Examples of Negligent Security
Property owners, lessees, managers, or a negligent security firm could all potentially be responsible for the injuries you or a loved one suffered as a result of an assault or attack on someone else’s property. You could potentially sue the responsible parties and recover compensation. Examples of crimes due to negligent security can include armed robberies, mass shootings, assaults, battery, sexual assaults, and murder.
Different types of properties will have different security requirements. However, there are some general examples of negligent security, such as:
- No security cameras or malfunctioning camera equipment
- Untrained and unqualified security guards
- Lack of security guards
- Doors that cannot be locked
- Inadequate or missing lighting
- Broken fences or gates
- No alarm system or malfunctioning alarms
A negligent security attorney can research a case fully and determine the expected and necessary security measures for various types of establishments.
A Property Owner May Be Liable
Business and property owners can be liable if they fail to provide adequate security and a person suffers property damage, injuries, or death on their premises. Property owners have the duty to keep their customers and visitors to their property reasonably safe. Basic security measures can prevent foreseeable dangers like an attack, an assault, or an armed robbery.
Injured plaintiffs can potentially be successful with a negligent security case if they are able to prove that:
The Property Owner Has a Duty of Care
While the specific requirements regarding security can differ from one business or property to another, a property owner should provide basic security measures such as adequate lighting.
Negligent Security Caused the Injury of the Plaintiff
In order to have a claim, the plaintiff will have to prove that a negligent security incident caused their injuries and any monetary, property, and other potential damages.
The plaintiff will also have to prove that the crime was foreseeable and that the property owner should have been able to foresee the crime. This can be tricky to prove; however, a negligent security lawyer can help to gather the appropriate evidence that may prove foreseeability.
Evidence can include any proof of previous crimes at the premises or in the nearby area. The crime rate in the area around the property can also serve as evidence. A negligent security lawyer can consult with local law enforcement and establish whether there were calls to the police regarding previous crimes at the premises or in the immediate area surrounding the property in question.
Timely Action Can Be Essential
If you have a negligent security case, it can be important to act quickly. Many states have deadlines for filing personal injury and wrongful death lawsuits, such as negligent security claims. In some states, the statute of limitations is relatively long, giving plaintiffs up to four years to file a personal injury claim. Other states’ laws can be prohibitively short, and victims may have only one year to file their lawsuit, starting on the day the injury occurred.
If you are intending to sue a government entity, your window of time could shrink considerably. In the case of civil action against a government party, you may have only a few months to file a “notice of claim”, which is necessary before you can file a lawsuit.
A negligent security lawyer can help you file the necessary paperwork within any deadlines that may apply in your state. Timely action will also ensure that evidence does not simply disappear over time and any witnesses have a fresh memory of the incident. Acting quickly can help you seek the settlement you deserve.
Call Ben Crump, PLLC Today
If you suffered any injuries in a negligent security incident, you may have a number of questions now, including whether you could recover compensation. We can look at your case and determine whether you have a claim. You may be able to go after a negligent property owner or other responsible party and recover your due.
Generally speaking, if another party’s negligent actions caused or contributed to your damages, they should make you whole again. You could potentially recover various types of compensation with a lawsuit, including awards for any medical expenses, loss of wages, pain and suffering, as well as other damages.
Do not wait to call Ben Crump, PLLC today for a complimentary consultation. You can reach us at (800) 896-1221.