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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 today so we can get started working on your case.
There are many different factors at work in a negligent security case. Meeting filing deadlines, determining fault, gathering evidence, and developing a strong case can be stressful. Working against property owners and insurance companies who intend to minimize or prevent a payout means you must act quickly and thoroughly.
Engaging an accomplished Monmouth County premises liability lawyer is key to successfully negotiating a settlement or litigating a jury trial for maximum compensation.
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:
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.
You or your loved one may suffer medical trauma or loss of property because of unaddressed security problems. Negligent security can lead to many types of injuries or damages, such as:
Your negligent security lawyer can help you develop a full list of appropriate damages to pursue based on your injuries.
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.
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:
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.
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:
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 underqualified 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.
It is very important to find a qualified negligent security lawyer quickly to build your case. Filing deadlines vary across the country, and many states have prohibitively short timelines for filing personal injury, wrongful death, or other negligent security claims.
It takes time to gather evidence for a successful case, and you may have only a year to file. In cases of civil action against a federal, state, or municipal government agency, the window may be only a few months.
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.
We are also fluent in Spanish to serve a wider clientele. To schedule a free consultation, simply contact us online today.
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