Posted on behalf of Anderson Cummings on Apr 07, 2020 in Personal Injury
Property and business owners have a legal obligation to keep their premises safe for legal invitees and other allowed guests. If you were physically assaulted and injured due to negligent security, you could be eligible for compensation to help cover medical bills, pain and suffering and lost income from missed work. Having a reliable personal injury lawyer could be the next step to a successful recovery.
Contact the Fort Worth premises liability lawyers at Anderson Cummings for a free consultation. We have experience holding property owners accountable for damages caused by negligent security.
Premises Liability Injuries
Although there are countless ways you could get injured while on someone else’s property, some common types of premises liability injuries known to be caused by negligent security are due to:
Negligent security and inadequate lighting are two common issues known to contribute to physical assaults. If it is determined that the property owner knew about these issues and did not address them, he or she could be liable for damages in an assault or death of an invitee or other legal visitor.
Some injuries that could result from physical assaults include:
- Broken bones
- Soft-tissue damages
- Traumatic brain injuries (TBIs)
- Physical pain and suffering
- Mental anguish
- Physical impairment
Property owners have a legal obligation to keep their swimming pools safe for visitors, while ensuring young children do not have easy access. If someone is injured or killed in a drowning accident caused by improper supervision, such as not having a fence or other barrier around the pool, the property owner could share some fault, depending on the situation.
As the injured victim, it is up to you or your lawyer to prove the property owner’s negligence was the cause for your injury. For negligence to be proven, the following four elements must be established:
- The property owner had a duty of care – This means the property owner had a legal obligation to uphold by taking reasonable steps to protect you and others from the dangerous condition.
- The duty of care was breached – The property owner was aware of the issue and failed to act by not providing warnings or adequate resolutions to improve the dangerous condition, as another reasonable person would in a similar situation.
- Causal link – There must be a direct link between the breached duty of care and your injuries. You would not have been harmed if the property owner had not breached his or her legal duty.
- Damages sustained – You must provide proof that you suffered damages as the result of your injury, such as health care bills, physical pain and suffering, and lost wages from missing work.
Ways Property Owners Can Be Liable
Even if adequate security measures are in place, it is up to the property owner to ensure that these measures are carefully monitored.
For example, it is important for property owners to ensure all locks on doors and windows are working properly to avoid criminals from gaining illegal access to the property. If there are security cameras on the premises, it is up to the owner to ensure that they are working, and footage is being monitored.
When a security guard is hired, it is the responsibility of the property owner to perform a background check to confirm qualifications and search for any prior issues that may cause concern. However, if the property owner did his or her due diligence by taking these precautions and it is found that the security guard abused his or her authority, the security guard or agency could be liable for your damages.
There are numerous safety measures property owners can take, depending on the situation at hand. If it is found that the owner took all the necessary measures to avoid potential injuries, he or she could avoid some liability.
Some ways a property owner can avoid premises liability issues involving negligent security include ensuring the property has:
- Sufficient lighting (especially in stairwells and parking lots)
- Warning signs to visitors about known dangers in the area
- Clear emergency exits
- Working locks
- Secure doors
- Secure windows
- Security gates or fencing (including swimming pools)
- Properly vetted security guards
- Working security alarm system
- Regular Inspection of the property
Speak to a Licensed Attorney Today
If you need a licensed attorney because of a negligent security injury or death of a loved one, contact Anderson & Cummings today to set up a free claim evaluation. You could be eligible for compensation to cover physical and psychological damages, lost wages from missing work or loss of consortium.
We charge no fees for your initial consultation and we do not bill you unless you recover compensation.