Under premises liability law, homeowners, business owners, operators, and managers have a legal responsibility to ensure that their premises are reasonably safe for guests, customers, or tenants. This usually involves putting adequate security measures in place to prevent or discover criminal activities and ensure that visitors and customers do not suffer personal injury or harm.
However, when the property owner, operator, or manager fails to provide adequate security to their visitors, they may be held liable for injuries and damages suffered by the victim through a premises liability claim or lawsuit. In this post, we will explore the next steps to take and your legal options to seek financial compensation for premises-related injuries due to inadequate or negligent security. Also, we will determine whether you can apply for a lawsuit loan before your case settles.
Understanding Negligent Security with Respect to Premises Liability
As previously mentioned, premises liability law holds that property owners are responsible for maintaining a reasonably safe environment for lawful visitors. This may involve taking necessary steps to detect or prevent criminal activity on the premises by ensuring adequate security.
When a property owner, operator, or manager fails to put adequate security measures in place, and a visitor or customer suffers an injury or harm as a consequence, they may be held responsible for “negligent security” or “lack of security.”
Common Types and Examples of Negligent Security Cases
Here are some of the most common types and examples of incidents that may occur and result in a premises liability claim for negligent or lack of security:
- Lack of security cameras or surveillance systems.
- Insufficient lighting in walkways, parking lots, or common areas.
- Lack of controls and locks at access points
- Poorly trained staff or Inadequate security personnel.
- Broken or faulty emergency systems.
- Broken or inadequately maintained gates, locks, or access control systems.
- Inadequate monitoring at security points.
- Faulty or defective security cameras, windows, and locks.
- Ignoring recognized patterns of criminal activities on the premises.
Unfortunately, inadequate, negligent, or lack of security in a parking lot, hotel, grocery store, or even an apartment complex may create an unsafe environment. As a result, residents, guests, and customers may become victims of various criminal activities such as assault, battery, theft, robbery, sexual assault, and rape. If you or someone you know has suffered a premises-related injury due to a lack of security, it is important that you reach out to an experienced attorney for detailed guidance and to understand the next steps to take.
Next Steps to Take After a Premises-Related Injury Due To Lack of Security
The moments following a personal injury or premises-related injury due to a lack of security on the premises can be overwhelming and confusing. Here are some vital next steps to take for your physical, mental health, and legal purposes:
Seek Immediate Medical Attention
After a negligent security incident, your health, safety, and general well-being should be your top priority. Hence, regardless of the severity of your injuries, you should seek immediate medical help from a qualified physician. Also, ensure that your injuries and treatments are properly documented.
Report the Incident
In addition, you should file a report about the negligent security incident with the property owner or manager. Also, you should Inform local law enforcement and file a report with the police. Your report should contain proper and accurate documentation of the time, place, and details of the incident. Also, you should request a copy of the incident report for your records and legal purposes.
Gather Evidence
Collect and document any available evidence, such as photos of the incident scene, witness testimonies, security footage (if available), and damaged belongings. Also, obtain the police report and medical records. You should also document your personal account of the incident while it is still fresh in your memory. These pieces of evidence and documentation can help strengthen your case when you file a claim.
Document Your Losses
Furthermore, you should keep track of all medical expenses, lost income, and any other expenses incurred as a result of your premises-related injury. Documenting all your losses and expenses will make it easier to ascertain your potential financial compensation when filing a claim or lawsuit.
Retain a Personal Injury Attorney
Additionally, you should retain a seasoned personal injury lawyer who specializes in premises liability law. Using their extensive knowledge and experience, your attorney can conduct a thorough investigation, gather crucial evidence, explore your possible legal options, and advocate for your rights.
As you take the aforementioned steps, it is also important that you focus on your recovery. Being the victim of a negligent security incident can be emotional and traumatizing. Hence, you should seek adequate medical help and support from your loved ones. Similarly, you can reach out to a skilled therapist to help deal with the trauma of the negligent security incident.
Proving Negligence in a Lack of Security Claim
In order to prove fault and establish liability in a premises liability claim for negligent or lack of security, you (the plaintiff) must show the following elements:
Duty of Care: The property owner, operator, or manager (the defendant) had a legal duty or care to provide a reasonably safe environment for you while lawfully on their premises.
Breach of Duty: The defendant breached their expected duty by failing to implement or provide adequate security measures.
Foreseeability: The criminal activity that caused your premises-related injury was reasonably foreseeable and could have been deterred with appropriate security measures.
Causation: The negligence or carelessness of the defendant directly caused your premises-related injuries or harm.
Damages: You suffered physical injuries, actual harm, and other damages due to the defendant’s negligence.
However, proving negligence in a premises liability claim for a lack of security can be complicated and challenging. Likewise, resolving your case and getting your rightful financial compensation may take an extended period.
If you’re facing financial distress while your case is ongoing, taking a non-recourse lawsuit loan may be right for you. With this, your attorney will have enough time to fight compassionately for your legal rights and help you recover the maximum available financial compensation.
Contact Us for Affordable Lawsuit Loans
Do you need affordable lawsuit loans for your premises liability or lack of security claims? Contact us today at High Rise Financial to schedule a no-obligation consultation. Our experienced team can educate you about your available lawsuit funding options and guide you through every phase of your settlement loan application.