What is a Claim of Negligent Security?
When you enter a store or a commercial property like a nightclub or a hotel, the owner is responsible for making sure that you are safe from foreseeable criminal attacks or dangerous situations. This means that they should take measures to protect you from incidences like theft or violence before you arrive at that location. Unfortunately, this is not always true with many establishments that should be concerned with negligent security cases.
If you are injured because reasonable security measures for your protection were not taken, you can file a negligent security case against the owner of the establishment. The whole idea is to hold them accountable and, if possible, prevent a similar incident from occurring again.
When a customer or patron is harmed as a result of insufficient security measures, he or she can bring negligent security lawsuits against the property owner. Examples of foreseeable criminal acts include robbery, assault, battery, rape, and even murder. All of these are examples of negligent security aftermath.
While every negligent security case is unique, there are several fundamental legal concepts and significant distinctions to help you evaluate the situation. They determine whether a property owner may be held responsible for an injury or crime committed on his or her property against a patron. It’s critical to understand what these distinctions are so that you can make informed decisions about filing negligent security claims after you’ve been hurt. A negligent security attorney, like those at Kaire & Heffernan, will be in the best position to guide you through this process.
What Classifies as a Foreseeable Injury?
Almost any public place is a potential domain for violent activity, including muggings, fights, sexual assaults, shootings, and stabbings. Certain sorts of property do, however, incur a greater level of security obligation.
Bars are a perfect example where property owners must take extra precautions. Everyone knows that bars and nightclubs can be rowdy and crowded, and there is no telling what violent acts might be perpetrated there. That is why such establishments have bouncers, who are not there to just check IDs but are supposed to keep people safe and make sure no one is hurt.
State laws differ considerably about negligent security and who is liable after an incident. In most situations, the owner of the establishment or the firm that is hired to provide security at that location could be held responsible if preventable criminal activity is not stopped and a lawful visitor is harmed as a result of this dereliction.
Attorneys in inadequate security cases attempt to unearth past criminal activity at or around a property to show that the owner/operator had “constructive knowledge” of a potential incident. This legal standard is the initial stage in proving compensation is due to a harmed party.
How Do You Prove Negligent Security Cases?
In a negligent security lawsuit, you may be able to receive compensation for your injuries if you have been hurt as a result of negligent security at a restaurant, bar, nightclub, hotel, etc. The money you receive might cover the pain and suffering and medical expenses caused by the business’ and its employees’ mistakes. However, you must first establish that the incident happened because of negligent security. But how can such a claim be proven? What sort of evidence is necessary to bring an allegation of negligence in security? There are a few questions that you must answer first.
Was the Crime Foreseeable?
The concept of foreseeability is a key element of this sort of lawsuit. It is frequently the crux of negligence lawsuits. The courts in most states evaluate whether a property owner had actual or constructive knowledge of the potential dangers. What this means is, did the owner know about the risk of being attacked in or near this location, or should the owner have known?
If there were crimes in the past at the business’ location, like assaults or robberies, then the court may think that the crime was foreseeable to the owner or manager of the property. Additionally, the court might consider that if crimes were happening frequently near the property and the owner was aware, they should have added extra security precautions.
Another factor that may assist in determining foreseeability might be the number of times cops have been dispatched to the business in the last year. The frequency with which prior acts of violence or threats of violence at the property were reported will also be taken into account.
Was the Assault Due to the Owner’s Incompetence?
In compliance with the standard duty of care, business proprietors are responsible for maintaining and safeguarding their properties and enterprises from unnecessary risks. They are to provide adequate security measures on their property to make sure everyone is safe. If a company owner fails to satisfy his or her responsibility of care, he or she may be held accountable for negligent security.
Given the depth of experience and knowledge property owners have about their premises, they are in a better position to anticipate and prevent security concerns for their customers. This is precisely why they may be held responsible if they do not perform this duty of care.
Unfortunately, businesses sometimes focus on making money instead of ensuring their customers are protected by adequate security provisions on the premises. This can lead to problems with unruly guests or criminals who prey on innocent victims.
Can You Provide Any Evidence of Negligent Security?
To prove a negligent security claim is justified in a negligent security lawsuit, evidence must be shown that the owner knew or should have known about any possible crime risks and that they should have protected you from such danger.
The knowledge of owners in negligent security cases is judged according to whether or not they had constructive knowledge regarding previous instances of similar sorts of criminal or hostile conduct. As mentioned earlier, there is often evidence of how many police calls have been made to the establishment and how many crimes have been committed there or in the surrounding area.
When business owners are aware that there is a threat of crime, they must take reasonable precautions by providing adequate security to safeguard their customers. They should make certain that they have hired security personnel and that these individuals have received adequate training to protect clients and property from hazardous threats.
There are other steps property owners can take as well. Having a limited number of people allowed into the business is another approach that business owners can take to help keep it safe. They can also make sure that there is good lighting in and around the property, functioning security cameras, and so on, making it less prone to criminal activities for the safety of customers. These adequate security measures, and many more, are examples of what a business owner can do to prevent their consumers from being attacked. It’s possible that not doing any of these is considered proof of negligent security.
Get Expert Legal Help Now!
If you or a loved one has been injured as a result of negligent security in Miami, or anywhere throughout southern Florida, you must obtain a qualified negligent security attorney right away to help you with your negligent security claims.
If you were injured because of a negligent property owner, you may be able to receive compensation for your suffering. To have the best chance of success in negligent security cases, it is important to have an experienced and knowledgeable attorney fighting for your rights.
Kaire & Heffernan can assist you with the best negligent security lawyers on our team. Our diligent negligent security attorney will work hard to get you the compensation you deserve and make sure the business owner is obligated to improve their inadequate security.
Think You Can’t Afford Legal Fees?
You should never have to go without justice because you can’t afford legal fees. Our law firm will not charge you anything for our services until we either win your case or get a settlement that is in your favor.
There is no charge for the first consultation. When you call, there’s no risk or obligation involved, so don’t wait any longer. Please contact us online or give us a call if you’ve been harmed in a negligent security case and if you have questions about your legal rights. You can call us on our toll-free line at 866-769-0123. You may also schedule a free consultation with one of our Miami negligent security attorneys right away.