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Violent crimes such as assault, robbery, and sexual assault can occur anywhere and at any time – even in public places where you should feel safe. Businesses and property owners have an obligation to ensure that proper security measures are in place to protect patrons and tenants; if they fail to do so, then you may have a valid negligent security claim against them. A lawyer can help you make this determination and file a claim if appropriate.
Negligent security is when property owners fail to take reasonable steps to protect visitors from foreseeable criminal activity on the premises. Examples of negligent security include inadequate lighting in parking lots, unlocked exterior doors, broken locks or windows, lack of security personnel or surveillance systems, failure to respond quickly enough to emergencies, and other safety issues.
If you or someone you know has been injured in an accident, it is important to have the right legal representation. At our firm, we’re not just attorneys—we’re trial lawyers and tenacious advocates who are here to provide those who are most in need with a voice throughout the legal process. Here’s why you should work with us.
If you’ve been the victim of a crime, you may be eligible to make a claim for compensation against the property owner. A lawyer can help you navigate the process by taking the following steps:
In order to prove your case, it is essential that you have proof of your injuries as well as proof of negligence on behalf of the property owner or security firm responsible for ensuring your safety. A personal injury lawyer can help you gather evidence such as surveillance footage, eyewitness testimony, medical records, and police reports. All this evidence will be used to build a strong case in support of your claim.
If there were people present when the incident occurred, their testimonies can be invaluable in proving your case. Your lawyer can speak with witnesses who were present at the time of the incident and obtain sworn statements from them regarding what happened. This information will be used to strengthen your claim and put forth an argument for why you should receive compensation for any damages incurred from the incident.
When filing a negligent security claim, it’s important to understand who is responsible for paying out any damages awarded by the court. In some cases, this may include insurance policies held by either yourself or the property owner or a security firm. Your lawyer will review any applicable insurance policies in order to determine who should bear responsibility for compensating you for any damages incurred as a result of their negligence.
Your lawyer will ensure that all necessary paperwork is filed promptly and accurately. They will be familiar with the different types of forms and deadlines required by law in order for your claim to be valid.
Examples of crime that could lead to a negligent security claim include being robbed in an apartment building, assaulted in a business parking lot, raped in a college dorm, shot at a concert or sporting arena, or stabbed at a retail store. If any of these crimes occur because the property owner failed to take reasonable steps to ensure safety on the premises, then they may be liable for any resulting damages.
Victims of violent crime can seek justice in a variety of ways, including through financial compensation. Depending on their individual circumstances, they may be eligible for various types of awards and damages including:
Emotional distress – Victims may be able to receive monetary compensation for psychological trauma caused by their experience. This includes depression, anxiety, and PTSD.
Physical injury – Victims may also be able to recover damages for physical injuries sustained from the incident, such as broken bones or scarring. This can include medical bills and rehabilitation costs as well.
Lost wages – If victims are unable to return to work due to their injuries, they may be able to recover lost wages during their recovery period.
Property loss – In cases where theft or robbery was involved, victims may be able to recover losses related to property damage or stolen items.
Wrongful death – Families of victims who have been killed as a result of a violent crime may be able to seek justice through a wrongful death lawsuit.
In order to determine how much compensation individuals are eligible to receive in Washington state, comparative fault must be considered: “In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant’s contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.”
This law is known as pure comparative negligence and states that individuals can seek compensation for their injuries regardless of their own degree of fault, but their monetary damages will be reduced by the individual’s degree of fault.
For example, if you were found to have a 30% contribution to your own injury, you would still be eligible for 70% of your awarded damages.
If you or someone you know has been injured due to inadequate security measures on a third party’s property, don’t hesitate to seek legal help now. An experienced personal injury lawyer can review your case and determine if you have grounds for filing a claim against the property owner. Contact Mickelsen Dalton to schedule a free consultation.