Negligent security incidents and crimes can occur any time you are away from your home. Poor lighting and security in a store parking lot can lead to accidental falls, assaults, theft, and loss of life. Even employees leaving their workplaces at night can face significant risk when property owners and security companies do not meet public expectations for safety. The economic and emotional damages can be devastating for you and your loved ones.
The Falcon Law Firm believes that a successful settlement or jury trial depends on having an experienced negligent security lawyer. When you suffer injury or loss due to the negligence of business owners, security guards, or other responsible parties, you deserve compensation to help you fully recover.
Our skilled attorneys can evaluate your damages and guide you through the complex process of building the strongest case possible. Contact us at (732) 660-1200 if you or a loved one were injured and need representation. We fight hard to ensure our clients are justly compensated under the law.
What Is Considered Negligent Security?
Often called “premises security” or “inadequate security,” negligent security is a legal action that can be brought against an owner or manager when someone is injured on a property due to a lack of reasonable security measures.
Negligent security incidents occur in many different places, especially large parking lots found at shopping malls. These areas are considered very vulnerable to crime, according to the Urban Institute Justice Policy Center.
Examples of poor security measures include:
- Broken fences or gates
- No alarm system or unrepaired systems
- Doors that cannot be locked properly
- Security guards who are untrained, unqualified, or in insufficient numbers
- Malfunctioning or nonexistent cameras
- Poor or missing lighting on the property
- Unresolved safety hazards
Additionally, if an area has a known history of crimes and the property owner does nothing to address security, this can add to the claim of negligence. Your negligent security lawyer can investigate your case to fully understand the expected types of security measures for various establishments.
What Damages Can You Pursue Due to Negligent Security?
In some situations, damages seem obvious if you were attacked or robbed. However, your negligent security lawyer can discuss many types of expenses that could be eligible in a claim.
These types of compensation vary depending on the state, but generally, a plaintiff could expect to recover:
You can help your case by tracking every expense related to your incident and recording the day-to-day ways your life has been impacted. Records such as these provide a better understanding of the damages you deserve.
Another factor to consider is comparative negligence. In many states, a victim can bear partial responsibility for a negligent security incident. For example, if you were hurt in a poorly lit construction site, but the site was locked, and you were not supposed to be there, it is possible you are partially at fault. In most instances, comparative negligence has a cut-off of 50%: if you are more than 50% to blame for the incident, then any non-economic damages may not be paid. These are complex matters that are best resolved through the assistance of an attorney.
How Much Is a Negligent Security Case Worth?
Since each case is unique, it is difficult to state a standard value for negligent security settlements or jury awards. Many factors can affect the value of the claim, including:
- How severe your injuries are
- The complexity and length of medical treatment required
- The nature of the incident itself
- If your injuries keep you from working or disable you permanently
- Whether you are partially at fault
- If the area is known for crimes and injuries
Incidents such as carjackings, assaults, rapes, and robberies can all lead to serious injuries requiring physical and emotional treatment. Also, the severity of the incident will be taken into consideration since a verbal assault will usually be worth less in damages than a physical assault.
A highly competent negligent security attorney will create a roadmap of actions strategically designed to create the strongest case for you.
How Do You Prove Negligent Security?
As with any claim, proof of negligence is critical to sustaining a successful argument. The plaintiff will need to prove not only that their injuries were due to a negligent security incident, but that the crimes were foreseeable and preventable by the property owner.
Evidence should be gathered as quickly as possible from as many sources as are available, including witnesses, camera footage, and police reports. Legal action may even be needed to prevent responsible parties from destroying evidence such as security camera video to ensure your claim is properly supported. This is where having an experienced negligent security attorney becomes extremely important.
You can also include any proof of previous crimes on the property or in the surrounding area. Neighborhood crime rates can serve as evidence, especially when combined with the frequency of calls to the police for criminal incidents on the premises or in the immediate vicinity.
Negligent security claims are often filed against:
- Shopping malls
- Retail stores
- Apartment complexes
- Parking lots or garages
- Schools or universities
- Restaurants, bars, or nightclubs
- Gas stations
- Factories or workplaces
- Parks and playgrounds
How Do I Sue a Security Company?
While it often seems obvious to file a suit against the person or persons who committed the actual crime, a qualified negligent security attorney can explain how many other parties may be at fault. Owners, managers, landscaping companies, parking lot management, and even government agencies can all be considered liable for injuries or loss you suffer as a result of an attack or theft on someone else’s property.
A critical group to consider including is any private security firm that might have been responsible for the property. Poorly trained or under-qualified staff can leave you at risk of attack or robbery. The action, inaction, or mistakes of private security agents can lead to drastic incidents, such as the case of Kathleen Dawson against Hilton Hotels in Houston, TX. Security guards placed her in the wrong room, leading to her sexual assault by her coworker.
Acting quickly is key to securing evidence and meeting state filing deadlines for negligent security, personal injury, and wrongful death claims. The amount of paperwork involved can be overwhelming and complicated. A highly competent negligent security attorney will create a roadmap of actions strategically designed to create the strongest case for you.
Where Do I Find an Experienced Negligent Security Lawyer?
At The Falcon Law Firm, our attorneys have delivered positive outcomes by providing skilled and powerful legal representation. We pride ourselves on our careful attention to detail in every case across a range of practice areas and have won millions of dollars in settlements and trial awards.
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The Falcon Law Firm stands up for victims of car accidents, truck accidents, and construction accidents. We are laser-focused on obtaining full compensation to pay for medical bills, lost wages, and damages from pain and suffering. We work on a contingency-fee-basis, meaning you pay nothing unless we recover money for you.