Negligent security refers to an injury — usually an assault or other crime — that could have been easily prevented if proper security measures were in place. These types of injuries often occur at bars, stores, or parking lots in areas with high crime rates. Most of the time, these establishments are properly equipped with security guards, gates, and alarm systems. When proving liability in a negligent security case, these are the types of things that our attorneys look for.
Negligent Security Cases
The term negligent security encompasses an array of events that fall under that term. There are several varying incidences that are related to negligent security. They are typically crime related. The types of incidences that frequently are called a negligent security claim include:
- Armed robbery
- Assault
- Battery
- Burglary
- Mugging
- Rape
- Theft
Essentially, a negligent security case involved you getting hurt and that injury being directly related to a property owner’s negligence. If they had acted in a different way, maybe you would be better off. They could have taken measures to prevent this from happening and because of that they can be held liable.
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Proving Liability in a Negligent Security Case
There are two things that you have to know in order for this to be a successful case:
- When you bring a case against the property owner, they need to have known that they had insufficient security.
- The owner of the property needs to have known that someone could have gotten hurt and that their lack of action was a hazard to visitors of their property.
The owner of the property can be liable for your damages if you have been harmed on their property due to their negligence if you can prove these things.
Negligent Security Claim | Basics
If a business owner has reason to foresee a danger of criminal assaults upon its customers and other business invitees, the business owner has a duty to take reasonable measures to deter, prevent or guard against such criminal assaults.
Businesses and property owners can be liable for negligent security in the events of rape, sexual assaults, shootings, or other violent crimes at hotels, motels and apartment complexes. The ability to foresee criminal assaults on the premises can be proved through evidence of prior similar assaults or criminal acts on the same property. Additionally, evidence that the business was aware of similar crimes in the immediate vicinity or at its other similarly situated locations can be used to establish liability.
How Long Will a Negligent Security Case Take?
Unfortunately, there is no way to know right away how long a case will take. Every case is different and depends on different facts. Negligent security claims are not like a car accident case where someone gets rear-ended at a red light and you deal with an insurance company. Most of the time, with negligent security claims, you need an attorney who knows how to pursue the case and knows how to build the case. This can involve hiring experts and locating and obtaining evidence to prove that the owner of the premises bears some responsibility, not just the criminal who injured you or your loved one. Unfortunately, it can sometimes take quite a while to obtain that evidence and build up the case so that you or your loved one can recover what you’re actually entitled to.
Negligent Security Claim Value
A lot of times, in these types of claims, it’s not really about the amount of medical bills when it comes to valuating the claim. The injuries involved are not always the same type of injuries or damages that you may have in a car accident case, and it may not be the type of scenario where you look at medical bills or lost wages. The damages may be quite different in some of these cases where someone’s been the victim of a crime.
If you’ve been the victim of a crime and you think you may have a negligent security claim against the person or party that owns the property where the crime occurred, call an attorney. We know what to look for and how to prove your damages. Often, in these types of cases, the damages are more emotional or mental.
We know what types of experts our clients need to see for their own well-being and mental health, but also to prove the injuries that he or she has suffered as a result of this crime. You want an attorney who’s experienced in handling negligent security claims and who knows how to bring to bear the right resources.
Recovering Damages in a Negligent Security Claim
With a negligent security case, oftentimes the damages are really not tied to medical bills. Damages in these cases can be quite significant because this is the type of injury that can affect a person for the rest of their life, but they can be more complex to define. The true damages in these cases are often pain and suffering damages. Pain and suffering comes in many forms, and it is not just the physical pain that you may have experienced. If you were shot during a robbery at an apartment complex, when that physical pain eventually dissipates and goes away, there are other types of pain and suffering that remain– mental and emotional pain. Oftentimes, this is the more significant area of damages. You need to have a lawyer who knows how to pursue those damages, how to prove those damages, and knows what you are entitled to recover.
Call Princenthal, May & Wilson Trial Today
If you have been seriously hurt in an incident due to negligent security, please call our office as soon as possible. Our Georgia negligent security lawyers can help guide you through your negligent security case every step of the way.