Negligent security, also known as premises security or inadequate security, is a legal cause of action that can be taken against property owners who have failed to provide reasonable security on their premises. This could apply to a wide range of properties, including apartment complexes, shopping malls, hospitals, retail stores, schools, and parking garages. A lack of appropriate security can lead to tragic outcomes, with individuals becoming victims of criminal acts such as robbery or assault.
At Hinrichs & Scott Injury Trial Lawyers, we're well-versed in negligent security law. And we've seen the devastating impacts inadequate security can have on its victims. We understand that safety should never be a luxury, and everyone has the right to feel secure in their environment. When property owners fail to provide adequate security measures, innocent individuals can suffer serious injuries or even lose their lives.
If you've been harmed due to negligent security, we're here to stand up for your rights and pursue the justice you deserve. Contact us today to schedule a time to discuss your case during a free consultation.
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Understanding Negligent Security
Generally, the law doesn't impose a duty on individuals to protect others from criminal acts committed by unknown third parties. However, exceptions do exist when there's a special relationship between parties. The two most common special relationships that can provoke a duty to protect others from criminal acts are:
hotel staff or innkeepers and guests
transportation carriers and passengers
For instance, innkeepers have a duty to protect their guests, and transportation carriers must ensure the safety of their passengers. Furthermore, all states recognize that business owners owe their customers a duty to provide reasonable protection from foreseeable criminal activity.
What constitutes "reasonable protection" depends on the specific circumstances of each case, but common examples include the presence of security guards, functioning security cameras, adequate lighting, and reliable security hardware such as locks and gates. In some states, certain security measures are listed in statutes, creating a presumption that businesses have provided their customers with reasonable protection if these measures are in place.
Foreseeability in Negligent Security Cases
Determining foreseeability in negligent security actions is crucial, and there are three main tests applied:
the imminent harm test,
the prior criminal incidents test, and
the totality of the circumstances test.
Each of these tests helps to establish whether a property owner should have anticipated the potential for harm due to inadequate security.
If you believe you're a victim of negligent security, it's essential to document all related expenses and the impact of the incident on your day-to-day life. This documentation can help ensure that you receive the damages you deserve. Such damages can be categorized into economic damages, which represent monetary losses resulting from injuries, and noneconomic damages, which cover non-monetary losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Negligent Security Damages You May Recover
In a negligent security claim, you're potentially able to recover both economic and noneconomic damages.
Economic damages are the monetary losses resulting from your injuries. These might include medical expenses, which could be anything from emergency room visits to ongoing physical therapy. Lost wages, if you were unable to work due to your injuries, can also be claimed. If you've suffered property damage as a result of the incident, this too can be covered under economic damages.
On the other hand, noneconomic damages are the non-monetary losses stemming from your injuries. Physical pain and suffering are included in this category. It's not just about the immediate pain from the injury itself, but also the ongoing discomfort that may persist. Emotional distress is another form of noneconomic damage. This can encompass a range of emotional responses to the incident and its aftermath, including anxiety, depression, or post-traumatic stress disorder.
It's important to remember that every case is unique, and the specific damages you might be able to recover will depend on the particulars of your situation. That's why it's crucial to get in touch with us at Hinrichs & Scott Injury Trial Lawyers. We'll take the time to understand your case and guide you through each step of the process to fight for the compensation you deserve.
Examples of Negligent Security Cases
Negligent security cases often involve injuries sustained on another person's property due to insufficient security measures. Consider the following examples and scenarios:
A grocery store owner fails to provide adequate lighting or security in the parking lot. If a customer gets attacked and injured as a result, the owner could be held accountable for those injuries.
Apartment building owners also have a responsibility to ensure their residents' safety. If an owner neglects to put proper security measures in place, and a resident is injured during a criminal incident, the owner may be found negligent. For instance, a resident might be injured during a fleeing felon incident due to lack of sufficient security.
Another example could be a store owner being held responsible for a fatal attack on a pharmacist due to previous similar incidents and failure to implement necessary security measures. This shows that property owners must take note of prior incidents and respond appropriately to prevent future harm.
Lastly, consider a situation where a car wash manager is held liable for a worker's death during a robbery due to non-functional surveillance cameras and refusal to provide adequate security. This highlights that employers too, must provide reasonable security measures to protect their employees.
These cases require thorough investigations to gather evidence, often involving interactions with insurance companies. We at Hinrichs & Scott Injury Trial Lawyers are equipped with the knowledge and resources needed to handle these complex cases.
How We Can Help
We at Hinrichs & Scott are committed to providing you with the legal support you need in these challenging situations. Our experienced personal injury attorneys understand the complexities of negligent security cases and are prepared to fight for your rights. We're proud to serve residents throughout Jackson County, Clay County, Wyandotte County, Johnson County, Platte County, Cass County, and other nearby communities.
Don't suffer in silence if you've been harmed due to negligent security. Reach out to us today to arrange a free consultation. We're ready to listen, provide guidance, and help you fight for the compensation you may be entitled to. Your safety and well-being are our top priorities, and we'll work tirelessly to hold those responsible for your suffering accountable.
Negligent Security Attorneys in Kansas City, Missouri
If you or a loved one has been injured due to negligent security, it's vital to have experienced and skilled legal representation on your side. At Hinrichs & Scott Injury Trial Lawyers, we're dedicated to advocating for the rights of victims and holding negligent property owners accountable for their actions. Contact us today to schedule a free consultation and how we can help you seek the justice and compensation you deserve.