If you visit or live in Kansas City, you want to feel safe and secure in your environment. But there are property owners who don’t always provide adequate security measures to ensure your safety. When this happens, innocent people can become victims of crime or suffer injuries due to a lack of proper protection.
Our negligent security lawyers at Peterson Law Firm understand that some property owners are lax in establishing and keeping up security measures that keep visitors safe. Injuries can happen in parking lots, apartment complexes, and buildings that are poorly lit.
If you were injured due to inadequate security measures on someone else's property, you may want to pursue a negligent security lawsuit. Property owners have a legal duty to provide reasonable security measures to protect visitors from possible crimes, danger, and harm. The experienced negligent security attorneys at Peterson Law Firm help victims who’ve been hurt on someone else’s property due to negligence. Here, we discuss negligent security and how you might obtain compensation if you were injured because of it.
Understanding Negligent Security
Negligent security refers to a property owner's failure to take reasonable steps to protect visitors and patrons from harm, particularly from criminal acts, that were reasonably foreseeable. Essentially, it's a legal term used when a property owner is deemed to have failed in their duty to maintain a safe environment, resulting in an injury to someone on the property
How to Prove a Negligent Security Claim
To determine if you have a negligent security case, you need to consider whether a property owner or business breached their duty of care to ensure your safety, resulting in harm or injury. You must be able to prove that the property owner owed you a duty of care, that they breached that duty, and that your injury was a direct result of their negligence. Here's a more detailed breakdown of what you need to consider:
1. Duty of Care. The property owner had a duty to provide adequate security for visitors. The property owner failed to provide adequate security measures (such as proper locks, security cameras, lighting, or security personnel).
2. Breach of Duty. The property did not have adequate security measures. This could include lack of trained security personnel, poor lighting, and/or failure to respond to prior warnings about poor security measures.
3. Causation. Your injury must be a direct result of the property or business owner's negligence. For example, you may have a strong case for negligence if your injury could have been prevented with adequate security.
4. Damages. You must have suffered actual harm or injury as a result of the negligence. This could include physical injuries, emotional distress, or property damage.
Foreseeability is a critical element in a negligent security case. The incident leading to your injury must have been reasonably foreseeable. This means the property owner or business owner should have known or should have anticipated that such an incident could occur given the circumstances.
How to Know if You Have a Claim
You may have negligent security claim if any of the following exists:
- The property where the injury occurred had a history of criminal activity that the property owner knew about but failed to address.
- The property owner hired unqualified security personnel and/or did not train them properly.
- The owner of the property had been informed previously that better security measures were needed; however, they failed to implement them. This might include the need for better lighting and more security cameras.
- The problems that caused your injury were reasonably foreseeable given the property's location, history, or surroundings.
Steps to Take: if You Think You Have a Negligent Security Case in Missouri
If you were injured on someone else’s property, it’s possible you may have a negligent security claim. Here are some steps to take to file your claim:
- Reach out to our skilled premises liability attorneys who understand negligent security claims
- Gather evidence that shows the property owner's negligence and its connection to your injury
- Act quickly to ensure you meet Missouri’s statute of limitations that limit the time you have to file a claim
It’s important to remember that not all injuries on someone else's property is reason for a premises liability claim. Our attorneys can help evaluate the circumstances of your case and determine the strength of your claim.
Examples of Negligent Security Cases
It’s not always easy to determine if you have a negligent security case. What if you simply trip on the sidewalk in front of an apartment complex? You may wonder if that meets the definition of negligent security. Here are some examples of negligent security cases that may help you decide whether to contact a lawyer and file a claim:
Educational Institutions
There must be appropriate security measures on college campuses, schools, and educational facilities. Because it’s important that students and visitors be protected from potential dangers, campuses must be properly lit and security guards available where and when appropriate.
Businesses and Commercial Establishments
When you shop at a local business or eat at a restaurant, you should be reasonably sure that you’re safe and protected from a customer who might harm you. Likewise, you want to be sure that you’re not working with employees or for an employer who might subject you to criminal activity or injury. It’s important that there are security cameras installed to help ensure your safety.
Apartment Complexes
A tenant’s security should be of paramount importance to the property owner of an apartment complex. Sidewalks should be shoveled and salted for safety during the winter, broken door locks should be fixed, and public areas should be well lit with security cameras.
Public Events
Event organizers have a duty to ensure the safety of attendees. They might face liability if they fail to take security measures and incidents occur. They are required to protect them from intentional crimes. Businesses must also protect them from getting hurt in chaotic crowds where there isn’t enough control.
Determining the Value of a Negligent Security Claim
The value of a negligent security claim is determined by various factors related to the harm suffered by the plaintiff. Some of the key elements that factor into the compensation amount include the following:
Medical expenses. Compensation typically covers the cost of medical treatment related to injuries caused by negligent security. This includes emergency care, hospital stays, surgeries, medications, and long-term rehabilitation costs. Future medical needs are also considered in more serious cases.
Lost wages. If the injuries result in time away from work, the victim may be entitled to compensation for lost wages. This includes both the income lost during recovery and any diminished earning capacity if the victim is unable to return to their previous job due to the injury.
Pain and suffering. This refers to the physical pain and emotional distress experienced as a result of the incident. Courts consider the severity of the injury and the long-term impact on the victim’s quality of life when calculating these non-economic damages.
Emotional distress and mental anguish. Victims often experience trauma after being involved in a violent or harmful incident. Psychological conditions like anxiety, depression, or post-traumatic stress disorder (PTSD) can be compensable, and the extent of emotional suffering plays a role in determining the claim’s value.
Punitive damages. In some cases, punitive damages may be awarded to punish the property owner for particularly reckless or egregious conduct. These are intended to deter similar future behavior and can significantly increase the overall value of the claim. Evaluating the value of a negligent security claim requires a thorough analysis of these factors, and an experienced attorney can help victims pursue the compensation they deserve.
Contact Peterson Law for Your Negligent Security Lawsuit
It is important to know what’s involved in a negligent security claim or lawsuit. Our experienced, negligent security lawyer will work to create a solid case against careless property owners. Our attorneys know how to collect proof. We can evaluate how good the security measures were and outline your options.
Our lawyers can communicate with insurance companies or represent you in court. Safety is a basic right. Holding property owners accountable ensures that this right is protected for everyone. We will work towards getting the justice you deserve. Read our case results to see how we’ve helped clients just like you.