Frequently Asked Questions: Negligent Security Claims

Posted by Randy Andrus | Jan 25, 2022

Throughout an average day, we walk into businesses, parking lots and garages, attend events visiting various establishments along the way. We expect that owners, managers, and operators of these establishments have taken reasonable measures to keep us safe. Unfortunately, this is not always the case. In this blog, we'll discuss what happens when someone is harmed as a result of someone else's failure to use reasonable safety measures to maintain the health and wellbeing of their customers. We'll answer some frequently asked questions that our negligent security lawyer in Utah has heard throughout the entirety of his practice. If you have additional questions about negligent security, please reach out to our team at Andrus Law Firm by calling 801-400-9860, or filling out our secure and confidential online form

Do I Have a Negligent Security Claim?

Negligent security lawsuits exist to protect individuals after they've suffered a foreseeable injury that could have been avoided had a property owner taken reasonable and adequate measures to maintain the safety of his or her property. A negligent security claim typically arises when someone has been robbed, battered, assaulted, mugged, raped, or suffered a wrongful death on a premises. 

To understand if a negligent security claim exists, a case must meet a few legal criteria, including: 

  1. The defendant must have owned, leased, or occupied the premises where the injury happened
  2. The defendant must have been negligent in the utilization of the property
  3. The plaintiff must have sustained injuries
  4. The defendant's negligence must have contributed to the plaintiff's injury

Additionally, it must have been apparent that the defendant had a reasonable duty to maintain the premises, keeping up with maintenance, inspection, and providing a reasonably safe environment for the property's intended use. If you believe that your negligent security case meets the above criteria, contact our negligent security lawyer today to schedule a case review

What Are Common Types of Negligent Security?

Some common causes of negligent security claims are poorly lit parking lots and garages, lack of functioning security cameras, personnel, or systems, inoperable locks on doors, gates, or shared spaces within apartment complexes, etc. According to the Bureau of Justice, frequently, negligent security situations occur in the following spaces: 

  • Gas stations
  • Bars and nightclubs
  • Schools
  • Factories
  • Hospitals
  • Parks
  • Banks
  • Apartment complexes
  • Shopping centers

How Do I Prove Liability in a Negligent Security Case?

The liable party in a negligent security claim is the person who owned, leased, or occupied the property where the injury took place. To prove negligence in these types of cases, you must prove that the defendant had a duty of care to provide a reasonably safe environment to visitors or customers who entered the premises, and that he or she breached that duty, which directly led to the injury and damages sustained. 

It can be tricky to prove a negligent security claim, so it's highly advisable that you consult a lawyer as soon as possible. This is because it may be difficult to determine how long a property owner had to address a potentially dangerous situation (like broken cameras or a faulty lock). Additionally, the defendant may state that no one could have foreseen the injury. For instance, in a negligent security claim brought about by inadequate security measures (ex: no working cameras or improperly trained security officers), a defendant may claim that there were no prior incidents or history of crime on the property, therefore no need for extra security. In this case, a negligent security lawyer will gather evidence to prove that the incident was foreseeable and would not have occurred had the owner taken adequate measures to prevent it. Some examples of evidence used to determine the foreseeability of an incident include the prevalence of similar crime in the area of the property where the injury happened or a record of prior criminal activity that occurred on the premises, which did not result in the owner taking adequate measures to prevent it from happening again.    

What Is My Negligent Security Case Worth?

Every negligent security case is different. Your compensation will depend on the specific facts of your case. Your negligent security attorney will help you determine what remedies may be available in your particular circumstances. Generally, a lawyer may help you seek damages for the following: 

  • Medical expenses - This may include emergency room visits, ambulance services, continued medical treatment, medication costs, hospitalizations, etc.
  • Lost income - When you are injured and miss work while seeking treatment or are unable to return to work for a while, a negligent security claim may help you recover by compensating you for lost wages, loss of earning capacity, etc.
  • Emotional damages - In some cases, emotional repercussions may be a result of injuries sustained due to negligent security. These damages may include emotional trauma, anxiety and depression, post-traumatic stress disorder (PTSD), loss of enjoyment of life, loss of consortium, loss of companionship, pain and suffering, severe physical pain, etc.
  • Wrongful death damages - These damages may exist in the case that a loved one lost his or her life due to injuries sustained on a negligent premises. A wrongful death lawyer will help you understand and navigate the differences in the negligent security claims process when wrongful death is involved. 
  • Punitive damages - When a defendant has been found especially negligent, punitive damages may be ordered to dissuade the defendant and establishment from future behavior that would cause significant harm to the public.

Every case is different, so it's important to speak with an experienced attorney to understand what legal remedies may be available to you to help you heal and recover. 

When Should I Contact a Negligent Security Lawyer?

If you've been hurt because of someone else's negligence, you should call a negligent security lawyer in Utah as soon as possible. A lawyer will help you understand the options available to you and help you navigate the process of seeking recovery. Our trusted and experienced attorney has been helping clients with negligent security claims for 37 years, and will tirelessly fight to protect your rights so that you can get your life back. Call us at 801-400-9860 to set up a confidential initial consultation. You may also fill out our convenient and secure online form, and we will reach out to you to set up a consultation.  

About the Author

Randy Andrus

BIO   Education University of the Pacific, McGeorge School of Law (LL.M. 1987) Business and Taxation – Transnational Practice Courses and International Bar Association Convention, Salzburg, Austria Southwestern University School of Law (J.D. 1984) Dean's List American Jurisprudence...

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