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Talk to us About a Negligent Security Lawsuit
A negligent security lawyer helps clients who have been injured by a crime or violent act, such as an assault, robbery, or rape, on someone else’s property, typically that of a business that was not properly protected. After a violent act, victims can have severe injuries, including broken bones, lacerations, and head and spinal injuries, and there may be emotional damage as well. A criminal attack may also result in death. In negligent security cases, a business owner or landlord either provided no security at all or the existing security personnel failed to do their job, and these parties should be held responsible.
If you or a loved one was harmed due to negligent security, you may be able to receive compensation for your losses through a negligent security lawsuit. Texas laws regarding recovery for damages are complicated, and making mistakes can be costly, but the experienced negligent security attorneys at Terry Bryant Accident & Injury Law are here to help. We understand the trauma and the financial difficulties you face due to your injuries, and we have the resources to investigate your case and fight for the compensation that covers your expenses, lost income from being unable to work, and your pain and suffering.
Each situation is different, so we offer a free consultation to discuss the circumstances of your case and determine the best way to proceed. There are no fees to you unless and until you win your case, so call us today to get started.
How a Negligent Security Lawyer Can Help You
Property Owners Have Responsibilities for Safety
If you were attacked and are considering legal action to get compensation you need, you might be wondering how a negligent security claim is relevant to your situation. After all, isn’t the person who attacked you solely responsible for the incident? Though the attacker does bear responsibility for their actions, the concept of negligent security is that the person who runs the business or owns the property where an attack occurred should also be held accountable for injuries suffered by people on that property.
If you’ve been attacked on someone else’s property, particularly if that property was a business location where patrons are often present, we can explore a negligent security claim. Or, you may have a potential claim against a landlord that failed to address regular criminal activity at your apartment complex – whether through the use of security guards, locks, lighting, cameras, etc. When you contact Terry Bryant Accident & Injury Law, we will:
- Meet with you to discuss what happened, evaluate whether you have a valid negligent security case, and determine what it may be worth by assessing the costs and damages to you and your family now and into the future
- Investigate the case and gather evidence such as videos and photos from the crime scene; police, ambulance, and hospital records; and other records to see if there was a previous pattern of violent crimes on the property
- Interview witnesses and first responders
- Hire relevant expert witnesses to reconstruct the incident and determine whether a lack of private security, poor lighting, broken controlled-access gates, broken windows, broken door locks, or another malfunctioning property security feature contributed to the incident
- Handle all paperwork, legal requirements, and court appearances in a timely manner
- Negotiate and handle communications with insurance companies and their lawyers
- Build your case and take it to trial if necessary.
We will be there for you throughout the entire process, answering your questions and dealing with your concerns. We will fight tirelessly for your rights and the financial compensation you deserve so you can concentrate on your recovery.
What Is Negligent Security?
Negligent security is a category of premises liability. If you are a patron of a business, an invited guest or visitor to a property, or a tenant of a property, the property owner has an obligation to ensure your safety. If you are injured because of criminal activity at a property and it can be proven that the property owner knew about the danger but didn’t have adequate security measures in place, you may have a negligent security claim.
Here is a hypothetical, yet all too realistic, example of a possible negligent security incident:
You are walking through a mall parking lot when you are suddenly and violently shoved to the ground and your shopping bags are stolen. You watch helplessly as your attacker sprints away with your bags. Your head is bleeding and your wrist is throbbing painfully. There is no parking patrol, security guard, or security camera in sight. Later, as you are recuperating from your injury, you learn that several other people have been attacked in the same area of the parking lot in recent weeks and it appears that nothing is being done about it. You may have a viable civil claim against the mall or parking lot owner for negligent security.
This is just one scenario that may fall under the category of negligent security. While property owners can’t be held liable for every crime or accidental injury that happens on their property, they can be made to pay if it is established that they didn’t exercise “reasonable care,” meaning they did not have reasonable security in place to protect visitors from harm.
Reasonable measures to prevent crime include:
- Keeping premises safe for visitors
- Warning of concealed dangers people may not be aware of
- Looking for any dangers that might be present
- Correcting any known dangers.
Businesses are obligated to ensure the safety of their patrons. When they don’t meet this obligation and someone is injured, businesses may be held liable if negligence can be proven.
If you believe you have suffered injuries as a result of a property owner’s negligent security, you may be entitled to compensation. An attorney who is experienced in the complexities surrounding negligent security cases can help you discover whether you have a viable claim. Our Houston negligent security attorneys are well-versed in the intricacies of negligent security law.
Compensation Awards Our Attorneys Can Help You Receive
Why file a negligent security claim?
People might file a negligent security claim for many reasons, but the two most common are compensation and accountability. If you were attacked on a business’s property, you are likely facing a great deal of emotional distress and physical pain. You have probably needed medical treatment and may have missed time at work. For you, the experience was costly, painful, and traumatic.
A negligent security lawsuit gives you the chance to get compensation for both your economic or monetary losses and your non-economic damages that do not have a specific dollar value but which negatively affect your life. These may include:
- Medical and rehabilitation expenses (hospitalization, ambulatory care, therapy, ongoing care, medications, etc.)
- Lost income from time missed at work or diminished work capacity
- Any property damage you incurred
- Pain and suffering
- Emotional distress (anxiety, depression, PTSD, etc.)
- Any other costs you are facing.
The second reason that someone might file this type of claim is accountability. You were attacked, and it’s only fair that someone be held responsible for your suffering. Clearly, the person who attacked you should be held accountable under both criminal and civil law, but the business that did nothing to help protect you should also help pay for the costs of your injuries.
By filing a lawsuit against a negligent business, you might also be decreasing the chances that a similar incident will happen to someone else in the future. No one wants to be the victim of a violent attack. By filing a claim against a business, you are taking control over your situation and demanding compensation that you are legally entitled to.
Let us stand up for you and your loved ones. Contact the Houston negligent security and personal injury lawyers at Terry Bryant Accident & Injury Law today for your free and confidential consultation.
How Do I Know If My Case Is a Negligent Security Case?
Our Negligent Security Attorneys Know What Must be Proven
Negligent security cases often – though not always – involve an attack on the patron of a business. If you’ve been assaulted while at a bar, shopping mall, parking lot, or any other business location, you should be open to filing a negligent security claim to cover the costs you may face due to your injuries.
You might not be sure whether your case should be classified as a negligent security issue, which is why it’s best to talk to an experienced attorney who can walk you through your options. If you have been hurt by someone else, you don’t need to be a legal expert to explore the possibility of filing a lawsuit. You have been through a great deal of trauma, and this is a critical time during which your health and mental well-being should be your primary focus, while our attorneys handle the legal details.
What Our Negligent Security Attorneys Must Prove
Proving negligent security means showing that the property owner did not act with reasonable care to prevent the crime and that the injuries you received were legally foreseeable and caused by the owner’s failure to maintain adequate security.
To win a negligent security lawsuit, we would have to prove the following legal elements:
- Duty: The property owner or other defendant had a duty of care to provide adequate security for the property and knew or should have known that there was a dangerous situation.
- Breach: The property owner breached this duty and failed to provide adequate security.
- Causation: You were injured by a third party because of this failure.
- Damages: You suffered physical, financial, property, or other damages as a result.
These cases are often complicated, because one single case might involve business owners, managers, employees, and security staff. In some cases, there may be multiple negligent parties. For example, multiple owners of a business, the parties responsible for repairing broken fences or broken windows, or the company that installed a failed security system. Our attorneys would look to name them all as defendants in the lawsuit, as they all may have insurance and assets that could go toward a settlement.
In addition, businesses and their insurance companies often have a high-powered legal team in place whose goal is to defeat customer lawsuits and minimize financial damages. They may use tactics to deny your claim such as trying to get you to admit that the incident was your fault, or they may try to get you to accept a settlement that is less than your case is worth. Once you accept a settlement offer, you cannot get anything additional, even if your injuries get worse and cause complications in the future.
For all these reasons, it’s important to retain the services of a negligent security attorney who is very familiar with this area of the law. Let us help you determine the best path toward compensation. We will meet with you and your loved ones to hear more about the circumstances surrounding your injury. After giving you our initial assessment, you can choose whether to move forward with a claim. You are under no obligation after a free consultation with our team, and there are no fees to you unless and until you win a recovery.
Our Houston negligent security attorneys are here to make sure our clients are treated fairly. We want to make sure they get the care, treatment, and compensation they are entitled to. We have been helping injured Texans for more than three decades. Put us to work on your case.
Places That Need Security Measures
When security is negligent in public spaces, injuries and even death can occur.
If a business or other property owner knows that they are in a high crime area and don’t do enough to protect their visitors, they may be held liable should someone be seriously injured. Even places that are not in high crime areas should expect some criminal activity if they are a retail store, cater to large crowds, or are a public space. Visitors to the following kinds of establishments should expect adequate security measures to be taken:
- Shopping malls
- Retail stores
- Schools and dormitories
- Hotels and motels
- Condominium and apartment complexes
- Restaurants and bars
- Movie theaters
- Stadiums and sports arenas
- Gas stations
- Banks and credit unions
- Office buildings
- Parking lots
- Hospitals and nursing homes
- Other public places.
Types Of Security Measures
When security measures are not in place to ensure personal safety, attacks such as robberies, muggings, rapes, and other violent crimes are more likely to occur.
There are varieties of security measures that businesses and other property owners should have in place. Here are some examples for different types of properties and the proper security measures needed:
- Security guards at malls, concert venues, hospitals, and other large properties
- Parking lot security patrols in public parking lots
- Working locks on doors and windows at apartment complexes
- Security cameras at gas stations and retail settings
- Badges for visitors to schools and background checks on school employees.
If these kinds of measures are not in place and you are the victim of a crime, you may have a case. However, it is up to you to prove that your injuries are a direct result of the property owner failing to take reasonable care to protect you. This is where an experienced attorney can help.
In addition, it is important to note that negligent security cases don’t always involve injuries caused by criminal activity. For example, if an accidental injury or death happens in a public swimming pool that doesn’t have trained lifeguards on duty, this may also be cause for a negligent security claim. Again, a knowledgeable attorney can review the details of your case and advise you.
CALL OUR HOUSTON NEGLIGENT SECURITY ATTORNEYS TODAY
While no security measures can completely prevent crime from ever happening, there are security steps that responsible owners should take to reasonably anticipate potential dangers, alert people coming to the property of these dangers, and remedy them as much as possible to strongly decrease the chances that a criminal will choose that property for an attack. If there is failure to take these security measures and someone is injured, the owner or other responsible party may be held liable.
If you believe negligent security led to your injuries or to the injuries or death of a loved one, we can help. Terry Bryant is a Board Certified personal injury trial lawyer and a former judge in Texas. We know the law, and we stand up for the rights of our clients.
If you or a loved one has suffered injuries that you believe stem from negligent security, you should contact an attorney as soon as possible, while evidence is fresh and witnesses can be found. In addition, there are time limits for filing a case. In Texas (CPRC, TITLE 2, SUBTITLE B, CHAPTER 16, SUBCHAPTER A, Sec. 16.003), there is generally a two-year period from the day of the incident to bring a lawsuit for personal injury. If a wrongful death occurs, the clock starts ticking on the day of the death. If you fail to file a case on time, the courts are likely to refuse to hear your case. *Always speak directly to an attorney for the exact statute of limitations and any other deadlines that apply to your potential claim(s).
Let us fight for you. Call a Terry Bryant negligent security lawyer now – so that we can help you get justice.