If you suffer injuries in an attack or assault on another person’s or business’ property, you may be able to sue the person who caused your injuries. However, you may have difficulty obtaining compensation from him if he has few assets or insurance coverage or is convicted of a crime and sentenced to prison due to the attack. You may have another option for compensation. You may be able to bring a claim for negligent security against the individual or business where the criminal act occurred.
What Is a Negligent Security Claim?
Property owners and businesses have a duty to provide guests, customers, employees, and anyone entering the property with a safe environment. This includes the duty to protect them from foreseeable criminal actions. When a business or property owner breaches this duty, an injured victim may have a negligent security claim against the business or property owner. A big issue in these cases is proving that the criminal act was foreseeable. Factors that can help show this include:
- The business is a high-risk business, such as a bank or hotel.
- The business is in a high-risk crime area.
- There was a history of crime on the property.
- There was a recent increase in crime in the area or on the property.
- A direct threat of a criminal act was made.
A victim must also show that the security provided was inadequate. While each case is different, these are common ways that this can be proven:
- Broken locks or no locks where ones should be reasonably installed.
- Lack of or broken security cameras.
- No security barriers, such as fences.
- Lack of safety and security measures.
- Inadequately trained staff.
- No security guards or other security personnel.
- Inadequate or broken lighting.
- Failure to take appropriate security measures after a direct theft.
While an attack on a variety of properties could give rise to a negligent security claim, they tend to happen in more public places. Parking lots and garages, apartment complexes, grocery stores, malls, motels, and hotels are common locations where attacks occur that lead to the filing of a negligent security claim.
If you were the victim of a criminal act, you could suffer life-threatening injuries and psychological trauma. You need the help of an experienced personal injury attorney to hold the negligent business or property owner who failed to protect you responsible for compensating you for your injuries. To learn how we can help, call our Norfolk office today to schedule your free consultation.