Imagine visiting a business or private property, only to end up the victim of a violent attack. After the dust settles, you’re left not only with severe injuries but also mounting medical bills, emotional trauma, and time lost from work. When these incidents happen because of poor security measures on someone else’s property, you might have grounds to hold that property owner accountable. Here’s how a negligent security claim works and what you need to know to seek financial compensation.
Negligent Security Explained
Negligent security is when a property owner fails to take reasonable action to create a safe environment for legitimate visitors. Under North Carolina law, owners and managers have a duty of care to protect visitors, tenants, and customers from foreseeable criminal acts. When they ignore or overlook that responsibility, the results can be devastating, and injured parties can hold them liable for any harm or property damage.
Let’s say you’re a hotel guest attacked in a poorly lit parking lot, or you’re a tenant in an apartment complex with broken locks, no emergency exits, and non-functional security cameras in the building or parking garage. These security system gaps can create an environment where crime happens more easily. If a violent crime occurs because of these kinds of failures, you may have a negligent security claim to pursue.
How Edwards Injury Law Can Support Your Negligent Security Claim
At Edwards Injury Law, we understand the trauma of being a crime victim. If you were injured on someone else’s property because of inadequate security, a negligent security lawyer at our law firm can help you collect all relevant evidence, build a strong case, and take legal action against the property management company, owner, and whoever else may be liable.
Based in Charlotte and serving clients throughout North Carolina, we blend time-tested values with cutting-edge resources to provide strong, compassionate representation. We’re driven by core principles – social justice, client-centered service, and transparency. This means we listen actively and communicate clearly at every stage. As a black-owned and veteran-owned firm, we’re also committed to fairness and equality and ready to fight for those who need it most.
Key Elements of a Negligent Security Case
As part of premises liability law, negligent security cases require the presence of certain elements to establish that the property owner is at least partially liable. Here’s a quick look at what goes into proving a case:
- Duty of Care: As we explained earlier, an owner or manager has a legal duty to keep their property safe for customers, tenants, and visitors. This duty usually applies to commercial properties and places open to the public, such as retail stores, hotels, apartment complexes, restaurants, convenience stores, shopping malls, amusement parks, and more.
- Breach of Duty: You’ll need to show that the responsible party didn’t live up to that duty. Maybe the area had poor lighting and broken fencing, damaged security cameras, or faulty locks. Whatever the case, there was a gap in the security that put you at potential risk.
- Foreseeability of Crime: Here’s a big one – was the crime foreseeable? If other crimes had taken place nearby or if there was reason to believe a crime could happen, the property owner should have taken reasonable steps to prevent it. Failing to address foreseeable dangers can be a breach of their duty.
- Injury and Damages: This part is about showing the direct impact of the incident on your life. You’ll need to provide proof of the physical injuries, emotional trauma, medical expenses, lost income, or other damages you’ve experienced as a result.
- Causal Link Between Negligence and Injury: Lastly, there must be a clear connection between the lack of adequate security and your injury. In other words, you’ll need to show that the injury wouldn’t have happened if proper security measures were in place.
Examples of Negligent Security Incidents
Negligent security can happen in many different settings. Here are some common types of situations where owners or managers could be held accountable for not taking reasonable measures to keep a property safe:
- Dim or Poorly Lit Parking Lots: When parking lots aren’t well lit, they create ideal conditions for crimes like assaults or robberies. If someone is hurt due to poor lighting, you may pursue compensation from the liable party.
- Broken Security Cameras: Security cameras deter crime, but only when they’re functioning. If cameras aren’t working or are positioned poorly, it can lead to security threats and increased vulnerability for those on the premises.
- Unsecured Entrances or Exits: Apartment buildings, office buildings, and other places with broken locks or unsecured entry points make it easy for unauthorized individuals to enter, which increases potential risks for tenants or visitors.
- Lack of Security Personnel: Some business premises, like nightclubs, movie theaters, shopping centers, or large apartment complexes, require on-site security guards. When property owners fail to provide adequate or properly trained security officers it can create an environment where crime is more likely.
Determining If You Have a Negligent Security Claim
Not every crime that happens on a property leads to a valid negligent security lawsuit. But if you believe that the property or business owner’s negligence contributed to what happened, it’s time to speak with a personal injury attorney. An initial consultation with Edwards Injury Law can help you understand the details of your case and evaluate whether you have grounds for a premises liability lawsuit.
If the answer is yes, here is how we usually proceed:
- Gathering Video Evidence: Our legal team moves quickly to secure any available footage from the property. We analyze these videos closely to determine whether adequate security measures were in place, how they were functioning, and whether they met basic safety standards. For example, we look for signs of negligence and security threats, such as broken or poorly positioned cameras, lack of adequate lighting or security guards, or insufficient monitoring.
- Reviewing Crime Rate: We look into prior crime reports and police records for incidents similar to yours at or near the property. When a location has a record of previous crimes, it demonstrates that the property owner was (or should have been) aware of the need for additional security measures. Crime statistics help establish foreseeability, which shows that the owner could have anticipated the risk and should have acted to prevent it.
- Interviewing Witnesses and Security Experts: We gather statements from witnesses present at the time of the incident and work with security consultants to evaluate the adequacy of the property’s security measures. Expert consultants can compare the property’s setup to industry standards and point out critical gaps, such as lack of adequate lighting or untrained personnel.
Each step is designed to build a case that demonstrates the direct link between the property owner’s failures and the foreseeable harm you suffered.
How to Build a Negligent Security Case
Negligent security claims are complicated because they require thorough investigation and solid evidence. Here’s what the process generally looks like:
- Collecting Evidence: As we stated earlier, your negligent security attorney will gather essential evidence, such as law enforcement reports, medical records, photos, and witness statements. This can include gathering surveillance footage or records of previous crimes in the area.
- Building a Foreseeability Argument: A premises liability attorney will work to show that the property owner should have foreseen the potential for crime. Evidence of prior incidents or opinions from security experts can play a big role here.
- Filing the Personal Injury Lawsuit: Once the evidence is assembled, your negligent security lawyer will file a claim with the court or the property owner’s insurance company. This document will clearly outline how their negligence contributed to your injuries.
- Negotiations and Settlement: Most cases settle out of court, with both sides reaching an agreement on fair compensation. If no settlement is reached, your case may proceed to court, where your negligent security lawyer will present your civil lawsuit before a judge.
Time Limit for Filing a Negligent Security Claim in North Carolina
In North Carolina, the law limits the time to file a negligent security claim to three years from the date of the incident. If the claim is not filed within this period, it’s likely to be dismissed, leaving injured parties unable to seek compensation. Working with an experienced attorney can ensure that all steps are taken within this timeframe, protecting your rights to hold the property owner liable and recover damages.
What Damages Can Be Recovered in a Negligent Security Case?
Victims of negligent security can potentially recover damages for a range of monetary losses. Here’s a closer look at the types of compensation typically available for physical and emotional injuries:
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- Medical Attention Bills: This includes emergency room visits, surgeries, hospital stays, rehabilitation, and follow-up treatments related to your injury.
- Loss of Income: If you missed work due to the incident, you might be able to recover lost income for the time spent recovering.
- Pain and Suffering: Monetary compensation may also cover the physical pain, emotional distress, and loss of enjoyment of life you experienced.
- Loss of Earning Capacity: If your injury affects your ability to work long-term, you may claim financial losses for your reduced earning potential.
- Loss of Consortium: In cases where your injuries affect your relationship with your spouse, you may be able to claim additional compensation.
- Punitive Damages: In cases of extreme negligence, the court may award punitive damages to punish the negligent property owner or management company for their careless attitude and failure to take reasonable steps to keep the premises safe.
Can a Security Company Be Liable for Your Damages?
Yes, a security firm can be held liable if it fails to fulfill its legal duty to provide adequate protection and this failure leads to foreseeable harm.
Just like property owners, premises security firms have a legal responsibility to ensure adequate safety measures for the people they are hired to protect. When they neglect this duty, whether through inadequate staffing, lack of training, failing to respond appropriately to threats, or not maintaining equipment properly, security contractors may be held accountable for your medical bills, lost wages, emotional distress, and other financial losses.
Speak to a Negligent Security Lawyer at Edwards Injury Law Today
At Edwards Injury Law, we believe that a negligent security claim isn’t just about money – it’s about accountability, justice, and making sure you’re heard. We’ll guide you at all stages of your personal injury claim, from the first consultation to the outcome, to ensure you have the support and advocacy you deserve.
If you or someone you love has been the victim of a violent attack due to negligent security, don’t wait to get help. Reach out to Edwards Injury Law today to learn how we can protect your rights and help you claim the financial losses you incurred. For more information or to schedule a free consultation with a personal injury lawyer, contact us online or call 866.607.6211.
