Negligent security cases can occur in many ways. Unfortunately, they are more common than many people realize.
If you were the victim of a crime caused by inadequate security at a public building or rented property, contact the negligent security lawyers at Patterson Law Group for assistance. We will work to ensure you receive the full compensation you deserve for accident-related costs and losses.
Negligent security cases in Arlington demand an aggressive legal approach, and that’s precisely what we bring to the table. We are not just personal injury attorneys but relentless advocates for justice, committed to ensuring that accident victims receive the protection and compensation they are rightfully owed.
What is Negligent Security?
Negligent security refers to a situation where property owners and those in control of public or private spaces fail to implement adequate security measures, leading to an environment where individuals can become victims of criminal activities.
This form of negligence is predicated on the premise that the property owner has a duty to provide a reasonably safe environment for visitors, employees, and residents. When this responsibility is neglected, resulting in harm or assault due to inadequate security, the property owner can be held liable.
In the eyes of the law, negligent security encompasses a range of oversights, including:
- Insufficient lighting
- Lack of security personnel
- Unsecured access points
- Malfunctioning security cameras
Each of these failures can directly facilitate criminal acts, including theft, assault, and more severe crimes, leaving victims to cope with physical injuries and financial burdens. Our mission is to confront these injustices head-on, leveraging our knowledge of the law to bring about accountability and secure rightful compensation for those affected by negligent security.
Proving Fault in Arlington Negligent Security Cases
Establishing liability in negligent security cases in Arlington involves demonstrating that the property owner or manager failed in their duty to provide a safe environment, directly leading to the incident and resulting harm.
Key to this is proving that the property owner was, or should have been, aware of the security risk but did not take adequate measures to mitigate it. This is often established through a combination of factors:
- Foreseeability of the Crime: It must be shown that the crime was foreseeable, meaning that given the history of the area or property, a reasonable property owner would anticipate such a criminal act occurring. This could be based on previous incidents of a similar nature or the general crime rate in the vicinity.
- Breach of Duty: Demonstrating a breach of duty requires proof that the property owner failed to implement reasonable security measures that could have prevented the incident. This could involve examining the adequacy of lighting, the presence and functionality of security cameras, hiring and training security personnel, and maintaining locks and secure entry points.
- Causation: There must be a direct link established between the breach of duty (lack of reasonable security measures) and the harm suffered by the victim. This means proving that the injury or loss would likely not have occurred had appropriate security measures been in place.
- Damages: Finally, the plaintiff must prove that they suffered actual damages due to the incident. This can include physical injuries, emotional distress, medical expenses, lost wages, and more.
The legal framework for establishing negligence is in Texas Civil Practice and Remedies Code Section 75.002. It provides for liability based on the condition of the property and the activities conducted on it. Applying these statutes and property owners’ common law duty to ensure a safe environment forms the basis for negligent security claims.
What is the Balancing Test in Negligent Security Cases?
In negligent security cases, the balancing test is a legal principle used to evaluate whether a property owner’s security measures were reasonable considering the foreseeable risk of harm.
This involves carefully analyzing the cost and feasibility of implementing additional security measures versus the potential risk of harm to individuals on the property. Courts consider several factors in this analysis, including the following:
- History of crime in the area
- Nature of the business conducted on the property
- Presence of prior incidents
The balancing test is used to determine whether the property owner acted with reasonable care to prevent foreseeable harm. If the court finds that a reasonable person in the property owner’s position would have taken additional security measures to prevent the incident, the property owner may be liable for negligence.
Evidence Needed to Prove a Negligent Security Claim
Proving a negligent security claim requires compelling evidence establishing the property owner’s failure to provide a safe environment.
Essential types of evidence include:
- Prior Incidents: Documented instances of similar crimes or security breaches on the property can strongly support the foreseeability of the incident. Police reports, incident logs, and witness statements regarding prior occurrences are crucial.
- Security Measures in Place: Evidence detailing the security measures (or lack thereof) at the time of the incident. This can include photographs, maintenance records, security camera footage, and documentation of security protocols.
- Professional Testimony: Security professionals can offer valuable insights into the adequacy of the property’s security measures compared to industry standards. Their testimony can highlight deficiencies and how these likely contributed to the incident.
- Victim Testimony: The account of the victim and witnesses provides a narrative of the incident, detailing how the lack of security measures facilitated the crime. This personal testimony can be powerful in illustrating the impact of the negligence.
- Comparative Analysis: Information about security measures implemented at similar properties can serve to highlight the reasonable actions the defendant could have taken to prevent the incident. This can include details about lighting, surveillance, and staffing that are common in the industry for similar settings.
- Property Conditions: Documentation of the physical conditions of the property, such as lighting, locks, and fencing, at the time of the incident. This often involves photographs, videos, and inspection reports.
- Injury Documentation: Medical records, photographs of injuries, and professional medical testimony establish the extent of the physical harm suffered due to the incident.
- Financial Records: Evidence of lost wages, medical bills, and other expenses incurred by the victim due to the incident underscores the economic impact of the property owner’s negligence.
At Patterson Law Group, our Arlington negligent security lawyers understand how to gather evidence to support your claim. We will ensure our evidence establishes negligence and fight for your full compensation.
Types of Compensation You May Recover in Negligent Security Cases
The compensation in an Arlington negligent security case can cover both economic and non-economic damages, including:
- Medical Expenses: This encompasses all costs related to medical treatment post-incident, including hospital stays, surgeries, medications, and ongoing rehabilitation or therapy.
- Lost Wages: Compensation can be claimed for the earnings lost due to the inability to work due to injuries sustained. This also extends to potential future earnings lost if the victim can no longer work in the same capacity.
- Pain and Suffering: Victims can receive compensation for the physical pain and emotional distress endured because of the incident. This covers both current suffering and any anticipated future discomfort.
- Loss of Enjoyment of Life: Compensation can also be sought for the loss of enjoyment of life, which encompasses the inability to partake in hobbies, activities, or other life pleasures previously enjoyed before the incident.
- Wrongful Death: In tragic circumstances where negligent security leads to a fatality, the victim’s family can pursue damages for wrongful death. This can include funeral costs, loss of financial support, and loss of companionship.
- Punitive Damages: Though less common, punitive damages may be awarded in cases where the negligence was particularly egregious. They serve as a punishment to the defendant and a deterrent to others.
Navigating the complexities of a negligent security claim demands a strong legal strategy and an aggressive defense of the victim’s rights. Our goal is to secure just compensation for the tangible and intangible losses suffered and ensure that businesses and property owners implement safer security measures, reducing the likelihood of future incidents.
Strong Advocacy for Victims of Negligent Security
If you are the victim of an incident resulting from negligent security, we are here to help. Some of the ways our injury attorneys can help with your claim include:
Careful Case Evaluation
At Patterson Law Group, our Arlington negligent security lawyers begin every case with a detailed evaluation. We scrutinize the property’s security measures, analyze the surrounding area’s crime history, and assess any negligence contributing to your incident.
We work to construct a compelling case highlighting the property owner’s failure to maintain a safe environment.
Comprehensive Loss Documentation
Our committed legal team documents every facet of your losses. We compile evidence to strengthen claims for every damage you’ve incurred, including medical expenses, lost earnings, and pain and suffering.
We ensure that every client receives full and fair compensation, focusing on immediate losses and future needs.
Aggressive Legal Strategy
We use our knowledge of Texas laws to employ aggressive legal strategies that hold responsible parties accountable. We relentlessly pursue justice and work tirelessly to secure the best possible outcome for our clients.
Unwavering Support Throughout Your Case
From negotiating with insurers to advocating for you in court, Patterson Law Group stands by your side. We provide unwavering support and guidance, fighting to ensure you receive the compensation and justice you rightfully deserve.
Experienced Arlington Negligent Security Attorneys Ready to Help
If negligent security in Arlington has impacted you or someone you love, Patterson Law Group is here to support you. With our experienced Arlington negligent security lawyers, you’re not alone. We’ll guide you through every step of the legal process, fighting for the justice and compensation you need to move forward.
