Nobody should have to fear becoming the victim of a violent crime due to a property owner’s negligent security practices. Victims can pursue compensation through a personal injury lawsuit when a property owner or manager engages in negligent security practices. Under Texas law, property owners are legally obligated to keep their premises reasonably safe for customers and guests.
If you’ve been the victim of a violent crime on another person’s property, it’s essential that you discuss your case with an experienced attorney. You may have a right to file a negligent security lawsuit against the property owner who failed to prevent you from suffering reasonably foreseeable harm, such as an assault. Contact the Dallas personal injury attorneys at Rochelle McCullough to schedule a free case evaluation and learn more about your legal options.
Examples of Negligent Security
When individuals or business owners fail to secure their property against dangerous people who commit crimes, the victim can become injured by a violent criminal attack. When a violent criminal assault could have been prevented by the property owner, operator, manager, or security contractor, a negligent security claim can arise. Examples of negligent security practices that can lead to criminal attacks include the following:
- Lack of security guards on the premises
- Open or broken locks
- Open gates or fences
- Lack of security measures or precautions and enclosed areas
- Failure to monitor or have an electronic security system
- Poor interior or exterior lighting
- Negligent security guards
- Failure to install enough security cameras on the premises
- Failure to regularly check and adequately maintain existing security measures
- Failure to use automatically closing gates
- Failure to provide adequate lighting in dangerous and dark stairwells
Where Do Negligent Security Accidents Occur?
Customers and guests can be attacked at nearly any location. Criminal attacks can happen in apartment buildings, retail locations, and parking lots and tend to occur more frequently in areas open to the public. However, criminal attacks can also happen in more private locations, such as professional offices, homes, and medical facilities. Premises liability accidents can occur in any of the following areas:
- Restaurants and bars
- Parking lots and garages
- Large retail stores
- Shopping centers
- Schools
- Hotels and motels
- Office buildings
- ATM locations
- Elevators
- Restrooms
- Convenience stores
- College campuses
Do I Have a Valid Claim?
If you’ve been the victim of a robbery, attack, rape, shooting, stabbing, or any other assault on someone else’s property such as a motel or convenience store, you may have a valid compensation claim. Speaking to an attorney after receiving medical care can help you determine whether you have a valid claim and how much your case may be worth. An attorney can also help you investigate your case and prepare a legal strategy. There are examples of negligent security incidents that give rise to valid legal claims, including the following:
- Assault in an apartment complex
- A robbery or attack in a parking garage or parking lot
- Assault in a hotel’s public area or your hotel room
- An attack at a gas station restroom
- Sexual assault on a college campus
Proving Liability
Plaintiffs in negligent security lawsuits need to establish that their injuries were caused by a dangerous condition on the defendant’s property. Victims need to prove that the property owner’s negligence caused the criminal attack that resulted in their injuries. Negligent security occurs when a property owner fails to keep guests or customers who come onto his or her property safe from foreseeable harm. Specifically, plaintiffs need to prove the following elements to recover compensation:
- The owner, operator, or manager of the property owed you a duty of care
- You were legally on the premises when the incident occurred
- A foreseeable danger of criminal activity existed in the area
- The property owner was negligent in securing the premises from criminal attacks
- Due to the negligence of security, you were injured, or your family member was killed
- You suffered actual economic and non-economic damages from your injuries
Injuries Caused By Assaults and Attacks
Victims of assault can suffer a wide range of injuries, from lacerations and contusions to potentially fatal injuries from gunshot wounds. Violent robberies, sexual assault, and other physical attacks can cause physically painful symptoms and mentally traumatize victims. A person’s upper body tends to be more prone to injuries when assaulted. The attacker may injure a person’s head, arms, torso, and hands.
Any type of physical injury, even minor, can cause long-lasting emotional effects for victims, decreasing the victim’s overall quality of life. Some of the most common types of injuries suffered by attacks on other people’s property include the following;
- Internal organ damage
- Strains or sprains
- Fractures
- Lacerations
- Contusions
- Stab wounds and punctures
- Concussions and traumatic brain injuries (TBI)
Recovering Compensation for Your Injuries
Violent attacks can result in significant injuries that require expensive medical treatment. Pursuing a premises liability lawsuit can help victims recover compensation for their current and future medical expenses. You can pursue compensation for your medical cost, hospital bills, ambulance fees, doctor’s visits, diagnostic tests, counseling, rehabilitation, and any other medical expense resulting from your injuries.
You can also pursue compensation for any damage to your property, such as your laptop, phone, wallet, or vehicle. A physical attack or sexual assault can take a significant mental and emotional toll on a person. Plaintiffs can pursue compensation for their non-economic damages, including the anxiety, stress, mental anguish, fear, and loss of quality of life they’ve experienced. Finally, you may be entitled to additional punitive damages when the judge decides that the property owner’s action or inaction was intentional or grossly negligent.
Schedule a Free Case Evaluation
Negligent security lawsuits arise when a property owner or manager breaches their duty of care toward those on their property legally. You may be entitled to compensation if you or your loved one have been seriously injured or killed because of a property owner’s negligent security practices. Plaintiffs in negligent security cases only have a limited time to file a lawsuit, so the sooner you discuss your case with an attorney, the better. Reach out to the skilled personal injury attorneys at Rochelle McCullough to schedule a complimentary, no-obligation consultation.