Understanding Negligent Security Claims in Personal Injury

Some property owners or managers are lackadaisical about the security of their premises. Visitors on such premises are exposed to all kinds of evil. If you sustain harm under such a porous condition, you must take action against the concerned persons. 

Knowing who to hold responsible for your avoidable injuries is essential. When you interact with a legal professional, they can help you highlight the elements of negligent security and how to make adequate claims. That’s why speaking to personal injury attorney Brandon Kinard of KGS Law PLLC becomes essential.

This article discusses the steps to take after suffering harm due to ineffective security on a premises:

An Insight into Negligent Security

Negligent security occurs when a property or business owner responsible for securing users fails to implement adequate security measures. This may entail an absence of well-trained security guards or apparatuses. Hence, criminals take advantage of these security lapses to injure property users.

This negligence is under premises liability. You can hold the property or business owner accountable for failing to provide adequate security on their premises. However, you must liaise with your attorney to know the individual or entity responsible based on the premises liability law. 

You can affirm that security is negligent on property anytime the party responsible fails to act proactively to protect invitees. An example is failing to light up an apartment building stairwell, allowing an intruder to violently injure you. 

Other examples include flippantly engaging poorly-trained security personnel, failing to trim shrubs blocking windows, a dearth of window or door locks in a complex, inadequate security cameras in a parking lot, and the absence of guards in parking garages. 

You can hold the property owner or any other defaulting party responsible for your harm if it is due to inadequate security. You have to prove that you would not have suffered the assault from the trespasser if the property manager had done the right thing.

Understanding the Elements of a Negligent Security Claim

It is crucial to establish that you will not get a negligent security claim on a silver platter; you must prove some elements before your claim can be successful. As observed earlier, your personal injury attorney will identify the negligent party(ies) to hold accountable. 

Below are the four elements you must prove for your lawsuit to scale through:

Duty of Care

The business or property owner owes you a duty of care. They are duty-bound to provide you with acceptable security while on their premises. Since you are legally on the premises, they should implement measures to secure you.

Violation of Duty

However, the property or business owner violated the duty by not providing you with adequate security. They fail to do what similar properties would have done under the same conditions. You must give specific instances to prove they breached their duty of securing you.

Causation

Then, you need to establish that the business or property owner’s breach of duty is directly responsible for your harm. You can refer to a poorly lit staircase that allows an intruder to attack you unnoticed. Another proof of negligence is when a trespasser gains entry into the premises through a broken gate.

However, if the person who injures you does not come in through the broken gate, your claim of negligence may not suffice.

Damages

You must also establish that you suffered damages and harm due to the incident. Examples include pain and suffering, lost earnings, and medical costs. Your attorney can also help you prove psychological pain and other losses.

To prove these four elements, you must convincingly establish that the property or business owner knew or should have been aware of the security threats on the premises but failed to act. Despite being aware of the risks, they took no proactive steps to safeguard visitors.

You must collate supporting evidence for this claim. Examples include security footage, witness statements, and security reports. You need a lawyer to help you with this complex process.

The Damages You Can Recover and the Statute of Limitations

You can recover monetary damages if your claim succeeds. These damages include pain and suffering, lost wages, and medical bills. 

In rare circumstances, the authorities may also impose punitive damages on the defendant. The essence of these punitive damages is to deter others from acting negligently. 

You can receive compensation on behalf of your loved one if negligent security leads to their death. 

However, it is crucial to act on time because there is a deadline by which you can file a negligent security claim in Texas. This time limit is known as the “statute of limitations.” 

You have two years to institute your claim in Texas. However, there may be exceptions to suing municipalities, cities, and other government-owned properties. That is why you must contact your personal injury lawyer immediately after the accident to kick-start the legal process.

The Typical Defenses to Negligent Security Claims

You should not expect the defendant to accept your claims without fighting back. They know the financial, reputational, and criminal implications of a conviction. Thus, property owners often attempt to defend themselves.

One typical defense is that they took reasonable security measures to protect visitors. They will point out various steps they took to protect you and how you probably ignored the security measures. 

Furthermore, they may claim the incident that injured you was unforeseeable. If they could not imagine that such a security breach would occur, you should not expect them to guard against it. If they can prove this point, the court may agree that the incident was inevitable under the given circumstances. 

Some property or business owners even place the blame on the victim. They argue that your negligence caused or contributed to the mishap. If you knew the likelihood of the accident happening and still walked into it, it may be difficult to receive compensation. 

Final Words

You must extensively understand the law to prove a negligent security claim. No one will regard you if you beat about the bush aimlessly. That is why you must engage a local personal injury attorney who can interpret the law in your favor.

A Texas personal injury attorney knows how to collate evidence to support your claim of negligent security on a premises. They will also defend your rights if the defendant wants to trample on you. Ultimately, they will work toward maximum compensation.