Property owners, managers, and operators have a legal responsibility to provide a reasonably safe environment for their visitors, tenants, or customers. This includes addressing potential security hazards and taking the necessary measures to prevent foreseeable criminal incidents. Unfortunately, negligent security remains a significant problem and can result in serious harm to individuals who find themselves the victims of criminal acts on someone else’s property. At Murray, Stone & Wilson, our team is dedicated to protecting the rights of those injured due to negligent security and helping them seek the compensation they deserve for their injuries and suffering.
In this post, we will delve into the concept of negligent security as a subset of premises liability, the factors considered in determining negligence, and the types of damages that may be pursued in negligent security claims. We will also discuss the role of an experienced attorney in successfully navigating these cases, protecting your legal rights, and obtaining the best possible outcome for your claim.
Understanding the nuances of premises liability and negligent security claims is crucial for those who have been victims of criminal incidents due to inadequate security measures. Armed with this knowledge, you will be better positioned to pursue justice, hold property owners accountable for their negligence, and seek compensation for the physical, emotional, and financial harm you have endured.
Negligent Security as a Subset of Premises Liability
Premises liability refers to the legal responsibility of property owners and managers to ensure the safety and well-being of anyone lawfully present on their property. Negligent security falls under the umbrella of premises liability. Specifically, it pertains to the failure to implement adequate security measures to prevent foreseeable criminal acts that could result in harm to visitors, tenants, or customers.
Examples of negligent security can include the following:
1. Insufficient lighting in parking lots, walkways, or common areas
2. Lack of security cameras or surveillance systems
3. Inadequate security personnel or poorly trained staff
4. Broken or inadequately maintained locks, gates, or access control systems
5. Failure to address a known pattern of criminal activity on or near the property
When a person is injured or becomes a victim of a criminal act due to negligent security, they may be entitled to seek compensation from the property owner or manager for their damages.
Proving Negligence in a Negligent Security Claim
To establish liability in a negligent security claim, the injured party (plaintiff) must prove the following components:
1. Duty of Care: The property owner or manager had a legal responsibility to provide a reasonably safe environment for the individuals on their premises.
2. Breach of Duty: The property owner or manager failed to meet that responsibility by not implementing appropriate security measures.
3. Foreseeability: The criminal act that caused harm to the plaintiff was reasonably foreseeable and could have been prevented with proper security measures.
4. Causation: The property owner’s or manager’s negligence directly resulted in the plaintiff’s injuries or harm.
5. Damages: The plaintiff suffered physical, emotional, and financial harm as a result of the defendant’s negligence.
Successfully proving negligence in a negligent security claim can be a complex and challenging process, as it hinges on various factors and evidence. For this reason, enlisting the help of an experienced attorney is crucial for building a strong case and effectively advocating for your rights.
Types of Damages in Negligent Security Claims
Victims of negligent security may be entitled to seek compensation for their injuries and losses, which can be categorized into two primary groups:
1. Economic Damages: These compensatory damages cover financial losses and quantifiable expenses related to the incident, such as medical bills, lost income, and future rehabilitation costs.
2. Non-Economic Damages: These damages address the victim’s emotional and psychological suffering, including pain and suffering, mental anguish, loss of enjoyment of life, and emotional distress.
The specific amount of damages pursued in a negligent security claim will depend on the extent of the injuries, available evidence, and other factors unique to each case. Working with a knowledgeable attorney ensures that your claim will account for all applicable damages and accurately reflect the impact of the negligent security on your life.
The Importance of an Experienced Attorney in Negligent Security Claims
Having an experienced attorney at your side is invaluable when navigating a negligent security claim. A skilled attorney can achieve the following:
1. Evaluate your case and establish a strategy to prove negligence effectively
2. Gather evidence, such as security footage, police reports, and expert testimony, to support your claim
3. Navigate the complexities of premises liability law and effectively communicate your case to the court or opposing legal counsel
4. Negotiate with insurance companies and defendants on your behalf to seek a fair settlement
5. Take your case to trial, if necessary, to ensure the best possible outcome
A dedicated attorney will provide the guidance and support necessary to help you hold negligent property owners accountable and secure the compensation you deserve.
Conclusion
Negligent security claims can be a complex and challenging area of law, as they require plaintiffs to establish a clear connection between the property owner’s negligence and the resulting harm. Taking the time to understand the intricacies of these claims can help empower individuals who have been injured due to inadequate security measures to pursue justice and seek compensation for their losses.
At Murray, Stone & Wilson, our team is committed to providing aggressive, knowledgeable, and compassionate representation for those injured as a result of negligent security. We understand the deeply personal and emotional nature of these cases and strive to provide our clients with an unmatched level of service and support. If you believe you or a loved one has been a victim of negligent security, contact our Philadelphia personal injury lawyer today to discuss your case and learn how we can help protect your rights and seek the justice and compensation you deserve.