NEGLIGENT SECURITY & INADEQUATE SECURITY LAWSUITS
Any business or entity that invites people onto its premises or hires employees who come into contact with the public has an obligation to provide for the safety of visiting individuals. When negligent security or a lack of appropriate safety measures results in damages, a serious injury, or wrongful death, victims may file a negligent security lawsuit to recover damages for medical bills or pain and suffering.
An experienced personal injury at Montross Miller can confidentially review the details of your unique situation and help you determine your best path forward. Contact our team to schedule your free case evaluation today.
What is Negligent Security?
There are a variety of circumstances and settings in which negligent or inadequate security is to blame, but the common theme in all instances is that lack of proper security creates an unsafe environment which can lead to dangerous conditions.
A simple rule is that if a business attracts individuals to its premises or encourages public interaction with employees, it can be held responsible for negligent security measures resulting in a serious injury or even death.
Examples of Negligent Security
- Suppose an employee has a history of misconduct that their employer fails to discover during the hiring process, and an incident occurs in which the employee injures a patron. In that case, the business can be held accountable.
- Suppose a business maintains a parking area in which criminal activity is known to occur, and they fail to provide proper security to prevent such activity. In that case, they can and should be held responsible for injuries or damages.
There are, of course, limits to the responsibilities of employers and business or premises owners. If the entity or employer couldn’t have reasonably anticipated the incident occurring on their property, they may not be liable.
What 4 Things Must be Present to Prove Negligence?
When filing to recover financial compensation covering medical bills or pain and suffering, a negligent security attorney must prove four key elements to prevail with a preventable-crime negligence claim:
- A lawyer must prove that the property owner owed the victim a legal duty of care. For example, a hotel has a duty to protect its guests from any known or foreseeable dangers on its property. Tenants in an apartment complex are owed a duty of care by their landlord. It is their duty to establish reasonable safety and security measures to protect against avoidable injuries caused by negligent security.
Just because a landlord, business owner, or property management company is responsible for a premises, however, does not automatically mean they owe you a duty of care. Your status on their property also plays a factor. For example, an individual injured while unlawfully trespassing on a property may not be legally owed a duty of care.
2. An inadequate security lawsuit must prove that the defendant breached the legal duty owed to individuals. A breach of duty of care amounts to negligence by failing to provide proper security. For example, suppose a hotel knows its poorly lit parking lot is dangerous or has attracted crime in the past. In that case, it’s a breach of duty of care should they fail to install cameras or employ a private security guard to patrol the area.
3. Your attorney must prove that you sustained injuries due to the breach of duty. Suppose a guest is physically assaulted in the aforementioned hotel’s dangerous parking lot. In that case, successful negligent security lawyers will prove that the lack of adequate security was the proximate cause of any injuries. Negligent security lawsuits often include pain and suffering related to physical or sexual assault, wrongful deaths, shootings, stabbings, or other serious injuries.
4. Lastly, an inadequate security lawsuit must prove that significant damages were suffered as a result of the injuries sustained. Economic damages can cover the financial losses sustained due to the injury. Examples may include medical expenses or the cost of ongoing care and rehabilitation, as well as any lost wages or earning potential by being unable to work while recovering.
How Long Do I Have to File a Negligent Security Lawsuit?
The statute of limitations for Indiana’s personal injury and negligence cases is two years. That means you have up to two years from when an injury occurred to file a negligent security lawsuit against the business, entity, or property owner. Cases not brought within this time will most likely be thrown out of court.
Negligent Settlement Amounts: What is My Case Worth?
Negligent security lawsuits can settle for as little as tens of thousands of dollars or could reach multimillion-dollar settlements due to the significance of the injuries involved. Every case is different, however, and will require an exhaustive investigation leaving no stone unturned.
Every negligence case must be evaluated and investigated individually. At Montross Miller, our commitment extends to a full and comprehensive assessment of the losses and damages associated with any injuries, then presenting findings to insurance companies or a trial jury to pursue compensatory relief.
Trust the Experienced Experts at Montross Miller
If you or a family member are a victim of violence in an area where negligent or inadequate security contributed to the crime and inflicted injuries, you need a legal team well-versed and experienced in the complexities of negligence and personal injury cases. Reach out to schedule a free, confidential case evaluation today. Our experts will examine your unique situation to give you clarity and answers to your pressing questions.
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Nate consulted with medical experts, dug in and proceeded with the civil suit. I remember him telling me several times that [my wife’s] story was compelling and was deserving of his team’s full commitment and skill. We eventually settled before trial and were thrilled with the results, we felt justice prevailed. Nate was patient, thorough and a trusted advisor to us through this.
He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life.
Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband.
Belinda was very responsive. I am very pleased. They are great at what they do.
Mike Miller and the firm were all excellent to work with and were extremely professional.
We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad’s integrity and the firm came through for us. They were great.
Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for.