What is negligent security? A victim of a violent attack, including assault, could have grounds for a negligent security claim if a business or property owner fails to provide adequate security. If you need help collecting compensation after suffering injuries because of negligent security, contact an experienced lawyer at Edwards Injury Law to learn how your legal rights can remain protected.
For a successful negligent security claim, a victim must establish a history of security concerns. The claim must also show that the person responsible for the property failed to address the foreseeable risks, resulting in injuries. When you enter premises as a customer, the property owner or manager has a legal obligation to ensure you are safe while on the property. Business owners must ensure that their premises are safely guarded and protected against potential criminal activity. Failure to do so by the owner of a property could make them liable if a victim suffers injuries as a result.
Elements of a Negligent Security Case
Successful negligent security claims must contain certain legal elements. A civil claim for damages must establish for the court that the owner or other person responsible for the property is at least partially liable for the crimes and other violent acts that take place on the property.
To prove they had a duty of care in the situation, the victim must prove the property manager had prior knowledge of criminal acts on or near the premises. The victim must also establish that the business owner ignored a reasonable risk of harm. An experienced lawyer at Edwards Injury Law can help determine if there is the potential for damage recovery.
Duty to Provide Protection
Essential components of a negligent security claim for damages include establishing:
- The defendant was legally required to provide adequate security at the location because of problems in the history of criminal activity.
- The defendant failed to provide adequate security regardless of the potential for criminal activity.
- The plaintiff suffered injuries as a direct cause of the inadequate security.
- The injured party suffered verifiable damages because of the negligent security.
When an innocent person suffers harm on someone else’s premises because of a criminal act or violent attack, they could have a case for an inadequate negligent security claim.
Do I Have a Negligent Security Case?
Every injury case has differences and its own set of circumstances. To determine the potential for an injury claim and damage recovery for negligent security, consider meeting with a skilled negligent security attorney experienced with premises liability to learn all of your legal options. We can review your case details and determine if you have the potential to have a successful claim. The foreseeability component is a critical piece for establishing the liability of the property or business owner. All the details are essential in proving negligence in inadequate security cases. If there is a claim, these details could help a victim get the maximum award amount that the state allows.
Time Frame for Filing a Civil Claim in Negligent Security Cases
There is a court-enforced time frame in which a plaintiff must file the claim in personal injury cases with the civil court. According to the North Carolina General Statutes Section § 1-52, the victim (claimant) must start the legal action within three years of the cause of action and sustaining injuries in a negligent security case. Failure to file the claim before the statute expires will almost certainly result in the judge dismissing the case without hearing it. Case dismissal could leave the injured party with no other options for recovering compensation. To avoid delays or problems with the civil suit, reach out to a legal professional soon to begin the process.
How Edwards Injury Law Can Help
If you suffered injuries on someone’s property because of inadequate security measures, the law might entitle you to recover compensation for damages. However, negligent security claims require specific legal knowledge and can be complex and challenging to prove because of the legal elements that must be present to prove negligence. A seasoned lawyer with Edwards Injury Law can conduct a comprehensive investigation and evidence review to find whether there was a history of criminal activity and the proof needed to establish negligence on the property or business owner. If you need help after suffering injuries because of negligent security, contact us to schedule a consultation. We are a veteran-owned and black-owned law firm with the experience necessary to handle all of today’s legal challenges within civil law.
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