Filing a Negligent Security Lawsuit: What You Need to Know
Learn how to pursue a negligent security lawsuit effectively. Understand your rights and take action to seek compensation for your injuries.
The most important thing to know about filing a negligent security lawsuit is proving causation and foreseeability. It doesn’t matter if you feel entitled to your claim if your lawyer cannot support it.
According to On The Map Marketing, premises liability claims are some of the most common types of personal injury cases. When you visit a business or any other type of property, you expect to be safe, to some degree, from preventable harm. Failure to stay safe leaves the property owner liable.
Here’s what you need to know about negligence claims and how you can win them.
Understanding a Negligent Security Lawsuit
A negligent security lawsuit falls under the larger category of premises liability claims. Premises liability law holds property owners accountable when they fail to maintain safe environments for lawful visitors.
Negligent security claims arise when someone is injured because a property owner did not take reasonable steps to prevent foreseeable criminal acts. That is why these are also considered a sort of personal injury lawsuit.
Common scenarios include:
- Assaults in unlit parking lots
- Robberies in buildings with broken or absent security cameras
- Attacks in hotels that lack functioning locks or security guards
- Injuries at nightclubs or bars where security staff are not well-trained
Property Owner Liability in Security Negligence Claims
Property owners owe different levels of responsibility depending on the type of visitor.
For example, customers at a store or tenants in an apartment complex should receive the highest duty of care. Owners must maintain safety and address hazards.
Social guests should know potential dangers. The same applies to people who stop into a store shortly to use the restroom or ask for directions. These people are not on the property for a mutual business benefit.
Trespassers are generally not owed a duty of care, except in limited circumstances, such as cases involving children.
What Are the 4 Things Needed to Prove Negligence?
To succeed in a negligent security lawsuit, plaintiffs must establish the same elements required in most negligence cases. These are:
- Duty of care
- Breach of duty
- Causation
- Damages
First, the property owner must have a legal duty to provide adequate security for lawful visitors. Second, plaintiffs need to show that the owner failed to meet that duty by providing insufficient security measures.
Third, the lack of proper security led to the incident. The victim then suffered actual harm, such as physical injury, emotional trauma, or medical expenses.
Failure to prove these elements can cause a negligence claim to fail in court. That’s why detailed evidence, expert testimony, and clear documentation are crucial.
How to Prepare for a Negligence Lawsuit?
Preparation is key to improving your chances of success in court. Some steps victims should take are:
- Document the incident
- Gather evidence
- Consult legal representation
- Understand the timeline
- Be prepared for defense arguments
Write down what happened after the event while the details are fresh. Take photograms of the property and collect medical reports and police records.
Contact an attorney who specializes in these claims. Understand the timeline so you don’t miss deadlines. Be prepared for the opposition to make claims that go against yours.
Injury Compensation and Legal Advice
Victims of negligent security incidents often face severe consequences. These include physical injuries, emotional distress, and financial losses. Compensation can cover:
- Medical bills
- Lost wages and loss of earning capacity
- Pain and suffering, including emotional trauma
- Property damage, such as stolen or destroyed belongings
Each case is fact-specific, so you’ll want to seek legal advice from an experienced attorney. A lawyer can assess the strength of the claim, gather evidence, and advocate for fair compensation in settlement negotiations or trial.
Always make sure to hire a no-win, no-fee lawyer for your case. These individuals only accept payment through a percentage of your settlement. If they do not win the case, they get nothing.
Frequently Asked Questions
What Types of Properties Can Be Involved in a Negligent Security Lawsuit?
Negligent security lawsuits can involve nearly any property where the public or tenants are invited. Some examples include:
- Apartment complexes
- Shopping centers
- Hotels
- Bars
- Nightclubs
- Office buildings
- Parking garages
Primarily, these are properties that provide some kind of service. A licensee is owed a lower duty of care than an invitee. Licensees are people invited to private residences for non-business purposes.
How Is “Forseeability” Determined in These Cases?
Forseeability often depends on prior incidents of crime in the area, security complaints, or whether the property was located in a high-crime neighborhood. Courts review whether a reasonable owner should have anticipated the risk.
For example, an area with higher crime might necessitate security cameras or a silent alarm. A lack of these options shows that the owner has not prepared their property and made it safer.
Can I Sue Even With the Criminal Arrested and Charged?
Yes. Criminal proceedings focus on punishing the offender, while civil lawsuits focus on compensating victims. A negligent security claim targets the property owner, not only the perpetrator.
Think of it like holding the property owner responsible for not doing their due diligence in protecting their guests.
What If I Was Partially at Fault for the Incident?
Some states follow comparative negligence rules, meaning you could receive reduced compensation based on your percentage of fault. If the court finds you 20% responsible, that would reflect in the compensation.
For example, ignoring warnings or acting in a dangerous manner could work against you in court. Provoking a fight or other conflict can factor in determining fault.
Get the Compensation You’re Owed
A negligent security lawsuit is an important tool for holding property owners accountable when their failure to provide adequate protection results in harm. By understanding the basics of these claims, proving negligence, and preparing thoroughly, victims can strengthen their cases.
Felice Trial Attorneys is the top choice for Florida residents facing personal injury or workers’ compensation cases. We can help with anything from slip and fall accidents to vehicle accidents. Reach out today to tell us more about your case and arrange for a free case evaluation.
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