Unfortunately, many property owners and managers do not take this seriously, leaving dangerous situations that ultimately lead to someone being injured or harmed.
An example would be the owner of a department store filing to replace the lights in the parking lot and someone being attacked in the dark. This is a negligent security claim issue and may result in victims recovering compensation for their injuries and losses.
At Patterson Law Group, we understand the impact of negligent security incidents. Our experienced attorneys can review your case, gather evidence, and help you seek justice and compensation.
What Does Negligent Security Entail?
Negligent security is an aspect of personal injury law that becomes relevant when someone’s injury is linked to a property owner’s failure to uphold safety on their premises. Negligence like this can profoundly impact individuals’ well-being and security.
Examples of Negligent Security
There are several ways a negligent security claim may come about. For example, an assault could occur due to poor lighting in a parking lot, or a burglary might happen in an apartment complex lacking adequate locks or a security system. These instances exemplify how improper or lacking security measures can directly lead to personal harm.
Common Causes Behind the Claims
Negligent security claims often stem from several key issues, including the following:
- Inadequate lighting
- Malfunctioning or absent security cameras
- Insufficient security personnel
- Deteriorated locks and access points
- Lack of warning signs in dangerous areas
Such oversights can create an unsafe environment conducive to criminal activities and accidents, endangering visitors and residents.
Proving Liability in Negligent Security Cases
In negligent security cases, establishing the property owner’s liability is required to seek justice for victims. There must be evidence showing the property owner failed their duty to provide a safe environment, directly leading to injury or harm.
To do this, the following must be established:
Duty of Care
It must be shown that the property owner owed a duty of care to the individual harmed on their property. This duty involves taking reasonable steps to ensure the safety of visitors, residents, or patrons.
The extent of this duty can vary depending on the relationship between the property owner and the injured party.
Breach of Duty
Proving a breach of duty involves demonstrating that the property owner knew or should have known about a potential security threat but failed to take appropriate actions to mitigate it. Examples include not repairing a broken lock or failing to install sufficient lighting in areas known to be risks for criminal activity.
Causation
Causation is the link between the breach of duty and the injury suffered. Victims must prove that the property owner’s negligence directly resulted in their injury or harm. This often requires establishing that the crime or accident was foreseeable and could have been prevented with proper security measures.
Damages
Finally, plaintiffs must prove they incurred damages due to the incident. This includes physical injuries, emotional distress, medical expenses, lost wages, and more.
In Texas, the legal doctrine of “proportionate responsibility” can also apply, reducing a plaintiff’s compensation if they are found partly at fault for their injuries.
Compensation Commonly Awarded in Negligent Security Cases
In cases of negligent security, compensation awarded to victims can cover a broad range of damages, emphasizing the goal of fully restoring the injured party’s well-being. These compensatory damages generally fall into two main categories: economic and non-economic.
Economic Damages
Economic damages are quantifiable losses the victim has incurred as a direct result of their injury. This includes but is not limited to, past and future medical expenses that arise from treating the injury. It also covers lost wages if the victim could not work due to an injury and any potential loss of earning capacity if they cannot return to their previous employment.
In some cases, victims may also be compensated for the cost of necessary modifications to their home or vehicle to accommodate their injury.
Non-Economic Damages
Non-economic damages address the more intangible impacts of an injury caused by negligent security. This encompasses compensation for pain and suffering, emotional distress, and loss of enjoyment of life that often follows serious injuries.
Although more difficult to quantify than economic damages, these are crucial for understanding the full scope of the victim’s suffering and ensuring they receive fair compensation.
In addition to these compensatory damages, punitive damages may also be awarded in cases where the negligence is particularly egregious. These are intended not as compensation for the victim but as a penalty against the defendant and a deterrent against future negligence.
How We Help with Negligent Security Claims
Here’s how we assist our clients:
Expert Legal Guidance
From the initial consultation, we offer legal advice tailored to each case’s circumstances. Our attorneys know Texas laws and regulations regarding negligent security cases, enabling us to craft an effective legal strategy.
Thorough Investigation
We conduct meticulous investigations to gather all necessary evidence to support your claim. This includes obtaining security footage, interviewing witnesses, and working with security experts to establish how the property owner’s negligence contributed to the incident.
Handling Insurance Companies
Dealing with insurance companies can be challenging and frustrating for victims. Our attorneys take on this burden, negotiating aggressively with insurers to ensure our clients receive the maximum compensation they deserve without settling for less.
Legal Representation in Court
While many negligent security cases are settled out of court, some proceed to trial. We provide legal representation in these instances, arguing your case using evidence and a solid argument to secure a favorable verdict.
Helping You Secure Justice and Compensation
If you were injured due to negligent security, our experienced attorneys are ready to hear your case and help you secure the justice and compensation you deserve. Contact us today to schedule a risk-free consultation.
