Negligent Security FAQs
Answers you can trust from a Salt Lake City attorney
What is negligent security? How do I know if I have a case? These are just some of the questions people often have when dealing with complex legal matters. Knowing where to find accurate information can often be a challenge. That’s why it’s important that injury victims and their families know where to go to find the facts. That’s why we created this page.
At the Andrus Law Firm in Salt Lake City, we strongly believe in helping the public. That’s the reason why attorney Randy M. Andrus became a lawyer more than three decades ago. He believes injury victims and their families deserve justice if they have been injured or attacked due to negligent security. This includes fighting for the compensation they rightfully deserve for medical bills and other injury-related expenses.
What is your question about negligent security?
Below, you will find the answers to some of the most frequently asked questions about negligent security-related matters. If you do not see your specific question, don’t worry. Simply contact us and schedule a free case evaluation with attorney Andrus. The same is true if you see your question listed below because every negligent security case is different. The sooner you talk to a lawyer, the better.
- How does negligent security happen?
- How do I know if I have a negligent security case?
- How do I prove a negligent security case?
- Utah is a modified comparative fault state. What does that mean?
- What if the property owner denies causing my injury?
- Who determines who’s at fault in a negligent security case?
- Who pays for my injury-related expenses?
- Should I accept a settlement offer?
- How much is my negligent security claim worth?
- Can I file a negligent security lawsuit?
- Who can I file a negligent security lawsuit against?
- How much time do I have to file a negligent security lawsuit in Utah?
- Why should I hire a negligent security attorney?
Negligent security is a legal term that refers to the property owner’s responsibility to take the necessary precautions to prevent criminal activity from occurring on the premises. Negligent security can happen for a variety of reasons, from not installing security cameras to not hiring security guards, especially at business located in high crime areas.
Often, the best way to know if you have a negligent security case is to talk to an attorney familiar with this area of the law. Your lawyer will then need to demonstrate that the property owner knew (or should have reasonably known) there was a hazardous or potentially dangerous situation but failed to take any steps to protect public safety. The property owner may deny doing anything wrong. Your lawyer can find the facts you need to build the strongest possible legal case.
Evidence is critical when it comes to building strong negligent security cases. Your lawyer will likely need to find proof that the property owner did not take any steps to protect public safety. Evidence can include:
- Broken security cameras
- Poor lighting, especially in parking garages and other public places
- No security guards, even though property has a history of criminal activity
- Video footage showing slow response time by security guards
- No security steps taken, despite recent criminal activity in the area
- Building maintenance problems identified by inspectors that have not been addressed.
When it comes to obtaining financial compensation in negligent security cases, it’s important to understand that Utah has a “modified comparative fault” system. That means you can still obtain financial compensation, even if you are partially at fault. The key is you must be no more than 50 percent at fault in order to be compensated. If you are found to be 51 percent or more at fault, you will not be eligible for financial compensation.
This situation often occurs in negligent security cases. The property owner will often insist they did everything they could to protect the public’s safety on their property. They might even try to claim you somehow did something that resulted in your injury or your attack. That’s why it’s critical that you have an experienced lawyer on your side. Your attorney can conduct an in-depth investigation and help you set the record straight – and demand the compensation you deserve for your injury-related expenses.
Many people will likely try to weigh in on who caused your injury and who’s to blame for your injury or attack. Often, such parties include:
- The property owner
- The parent company, especially in the case of hotel chains, national retail stores or shopping malls
- The security company responsible for the building’s safety
- The maintenance company responsible for maintaining the building
- The insurance companies for all these companies
- The attorneys for all these companies
Each one has a vested interest in what happens. That’s why they will often try to offer their input on who was at fault. Your lawyer can be your voice and make sure your injury gets the attention it rightfully deserves. Otherwise, you might not receive the financial compensation you need for your injury-related expenses.
In general, the at-fault party, their insurance company or both is often responsible for paying for your injury-related expenses. This is often the building owner. However, other companies may be responsible for paying your bills if they were somehow at fault. This could include a security company whose security guard did not take the necessary steps to protect you, resulting in your injury or attack. It could be the building’s maintenance company, which failed to fix a broken light in a dark parking garage where your attack took place. Whoever’s at fault, your lawyer can thoroughly investigate your case and uncover the truth.
It can be tempting to accept a settlement claim soon after you or a family member was seriously injured in a violent attack due to negligent security. Many settlement offers don’t even come close to covering all your injury-related expenses. Insurance companies know this. That’s why they’re hoping you’ll accept their offer. Because once you do, you often cannot ask for additional money in the future. So, before you agree to accept a settlement offer, talk to an attorney who can help you review your offer and then decide whether you should accept it or demand additional money.
There’s no set dollar amount when it comes to the monetary value of your negligent security claim. Depending on the severity of your injury and whether your can work while you’re recovering, your claim could be worth thousands or millions of dollars. It’s also important to remember that you should be compensated for long-term expenses related to your injury, not just emergency medical bills or other short-term expenses.
In many cases, you can and should consider filing a lawsuit to obtain the financial compensation you need and deserve for any injury-related expenses. However, it may not be the only option available to you. Your attorney can review all your legal options with you and help you decide which approach makes the most sense based on the specific circumstances of your case.
If someone contributed to your attack or injury, you should be able to file a lawsuit against the at-fault party. In negligent security cases, this often includes the property owner. However, you may be able to take legal action against others determined to be at-fault, including the parent company, especially if your incident took place at a hotel, restaurant or store that’s part of a national chain. Other times, you may pursue legal action against a landlord for an apartment complex or a maintenance company or security provider for a building. The bottom line is if someone’s actions created an unsafe environment that resulted in your attack, that person or company should be held accountable for their actions.
In Utah, you have four years from the date of your injury or attack to file a lawsuit. This deadline (known as the statute of limitations) might seem like a long time, but the facts you need to build a strong negligent security case often need to be gathered right away. Many businesses only keep video security footage for a short time. There may be eyewitnesses who saw what happened. Without evidence, you could have a hard time building a strong legal case. That’s why it’s critical that you take legal action as soon as possible after your incident.
There are many reasons why you should have a lawyer on your side if you’re the victim of a violent attack or other criminal activity due to negligent security. First and foremost, your attorney can be your voice for justice. Your lawyer can make sure your story gets the attention you deserve. Your legal team can also independently investigate the facts and set the record straight if there are any inconsistencies. They can also negotiate with insurance companies, demand the compensation you deserve or take legal action if necessary. Remember, you didn’t do anything wrong. You shouldn’t have to pay for someone else’s mistakes. Your lawyer can help you demand justice.
Put your trust in an attorney who puts your needs first
This may be your only opportunity for justice. Seize it. Talk to an attorney at our law firm and schedule an appointment today. Contact Andrus Law Firm. We know what to do. We’re prepared to do the work that needs to be done. We care about your case.