How Can I Prove Negligent or Inadequate Security?
Posted in Premises Liability on January 13, 2020
We often take our safety in public spaces for granted but, unfortunately, there are many criminals constantly on the prowl looking for victims to take advantage of. Thankfully, there are laws in place meant to keep us safe, which can also be used to provide legal support should you ever fall victim to a crime as a result of negligent or inadequate security.
If you are the victim of a crime in a hotel, retail store, apartment complex, parking garage or another place that is required to have safety precautions set in place, contact the dependable McAllen negligent security attorney of De La Garza Law Firm to speak to an experienced lawyer about your options.
You could be eligible for compensation for some or all damages.
What does negligent or inadequate security mean?
Owners of public places, like those listed above, are generally legally required to guard you while you are on their property. Security is an important part of that obligation. This list may not be exhaustive, but owners are typically legally obligated to provide security at any of the following properties:
- Grocery and retail stores
- Apartment complexes
- Parking garages
Security provided can include anything from cameras to security guards. Additionally, owners have a legal obligation to monitor their property, specifically, places on their property where trouble is likely to occur. This is especially important in high-crime neighborhoods.
While business owners are not legally required to ensure the safety of every person who visits their property, they are required to limit the potential risks or hazards. When a property owner fails to provide reasonable safety measures, they may potentially be held liable for this failing.
Any guest in a store is considered an invitee. This means that as an invitee, you are entitled to safety from undue harm while on the given property.
Breaching that duty of care is negligence, and that makes a store owner responsible for the victim’s damages, whether they are medical or therapy bills, out-of-pocket expenses for medications, lost wages, or pain and suffering.
How is negligent security proven?
If you are, unfortunately, the victim of a crime, there are a few things you will need to prove in order to support your claim.
- That you – the victim – were authorized or invited onto the premises when the attack occurred.
- The business owner knew or should have known that someone could be the victim of a crime on their property.
- The business owner did not properly research the potential criminal activity in the area.
- The attack or crime could have been prevented if the defendant had provided the legal or contractual security.
- It was this negligence in security which lead to your injuries or damages suffered.
It is important to prove that these crimes were foreseeable before you can prove negligence.
Why is it important to seek assistance from a lawyer in a negligent security case?
The amount of security required by law varies per situation. An experienced lawyer can find the necessary expert information and public records of prior crimes in the area needed to prove any security negligence or inadequacy. This can take a significant amount of research and time.
Furthermore, a McAllen premises liability attorney can present your case before a courtroom or argue the matter in negotiations for a settlement. The more serious the crime, the larger your claim could be, and the stronger your case, the more likely the defendant will seek a settlement.
Crimes caused by negligent security can include anything from a robbery made possible by faulty security cameras or a lack of security guards to physical assaults that could have potentially been prevented by improved lighting. Know that you do have rights if you have suffered as the result of another party’s negligence.