What Legal Issues Can a Negligent Security Lawyer Handle?
Unfortunately, violence can occur in public at any time and under any circumstance. As a result, there are a variety of situations in which property owners can likely be held liable for not providing adequate security on their property.
Some examples of negligent security include:
- Shootings inside nightclubs and their parking lots
- Violent crime including shootings and assaults at apartment complexes
- Sexual assaults at apartment complexes, common areas, and business parking garages
- Shootings and attacks at convenience stores and gas stations
- Robberies and attacks at ATMs and parking lots
Negligent security cases commonly occur at:
- ATMs and their parking lots
- Convenience stores, pharmacies and gas stations
- Shopping centers, malls and movie theaters
- Apartment complexes and condominiums
- Nightclubs and bars
- College campuses
- Hotels, Resorts, motels
- Sporting events and concerts
The key element in these examples is that the violation was foreseeable under the circumstances and could have been prevented through reasonable security measures.
What Can Be Considered Negligent Security?
Businesses and property owners can take steps to provide a reasonably safe environment for visitors. When there is a lack of adequate security measures taken on the premises, criminal activity can thrive and lead to frequent violence.
Some examples of negligent security can include:
- Shortage of security guards or no security guards
- Outdated or out-of-service security system
- Broken lights or a lack of lighting
- Gates and doors left unlocked
- Blocked emergency exits
- Broken fences
Many violent crimes are an act of opportunity. When property owners fail to address the potential dangers or take measures to mitigate the risk of violence, they can be held liable for your injuries.
How Can a Negligent Security Attorney Prove Liability?
When you are victimized in a violent crime on someone else’s property, liability raises many complications. While the offender is responsible for your attack, criminal liability can leave a victim without restitution for emotional distress, pain and suffering, and other damages.
Third-party claims against the property owner can serve to make the victim “whole” in the eyes of the court by providing full compensation. However, proving a property owner bears responsibility for your attack can be complex. Your negligent security attorney will need the knowledge and experience to overcome many potential hurdles.
Liability in a negligent security claim involves four elements:
- Duty of Care: The concept of duty of care involves establishing that the business or property owner has a responsibility to protect the safety and wellbeing of those on the premises. Complications can arise when assessing the status of the victim. The status of a victim can be an invitee, licensee, or trespasser. Negligent security is contingent on the permission the victim had to be on the premises at the time of the incident.
- Breach of Duty: The second element an attorney must establish is breach of duty. In this, the property owner or company must have failed in their duty to keep visitors safe from reasonable harm. What constitutes “reasonable harm” can vary. Proving breach of duty depends heavily on the skill of your negligent security lawyer.
- The Danger Was Foreseeable: The business or property owner must have reasonably foreseen the potential for a violent act to occur. Foreseeability is one of the most complex elements to prove. Typically, a property owner does not have a duty to stop a criminal act of a third person. However, if the violent act should have been anticipated, you may have a claim for negligent security.
Foreseeability may ask:
- How many times has this particular kind of criminal activity occurred?
- When have the crimes happened?
- Did the crimes all happen on the property or near it?
- You Suffered Injuries or Losses: The last element of liability establishes whether the victim was harmed due to the crime. If a criminal robbed a store you were in attendance in, but you did not suffer any emotional or physical injuries as a result, then there is no reason to hold a business or property owner accountable.
Establishing damages is crucial to proving liability in a negligent security case. Discuss the details of your case with a knowledgeable attorney to determine your recoverable damages.
Are Violent Crimes on the Rise?
Over the years, violence in America has been under the spotlight. Media outlets seem to play an endless cycle of shootings and other violent crimes.
Violent crime statistics state:
- 1.3 million violent crimes were reported
- There were more than 126,000 reported rapes
- Approximately 243,600 robberies
- Aggravated assault accounts for nearly 1,000,000 violent crimes
- Murder and nonnegligent manslaughter significantly increased from 16,000 to over 21,500 cases
Mass shootings have also been widely covered in the media recently. According to the Gun Violence Archive, 693 mass shootings occurred in the last reporting year. To compare years:
- 2018 reported 336 mass shootings
- 2019 had 417 mass shootings
- 2020 reported 611 mass shootings
- 2021 saw 693 mass shootings
As violent acts continue to rise, it is important to know your rights if the worse should ever affect your family.
Our case record and results speak for themselves. They are the fruit of our many years of experience and dedication to our clients. Notable settlements include:
$1,000,000 Settlement in a Wrongful Death Negligent Security Case Against Trailer Park
Our client was tragically shot and killed while living in her rented trailer park home. Our team’s thorough investigation revealed that the owner failed to properly address a significant violent crime problem on the premises.
Joseph Osborne Secures Multi-Million Dollar Settlement With Bayer Pharmaceuticals for $9.475 Million
Attorney Joseph A. Osborne was appointed to the Plaintiffs Steering Committee for the Multidistrict Litigation. The drug is used to limit bleeding during heart surgery and marketed by Bayer Pharmaceuticals.
Through aggressive advocacy and unparalleled dedication to his clients, Joseph was pleased to announce a settlement of $9.475 million with Bayer to resolve its claim.