In some instances, criminal activity may have been avoidable had the property owner taken steps to secure the premises. When injuries occur following a violent criminal act, you might have grounds to pursue a lawsuit against the negligent property owner.
If you or a loved one was a victim of violent crime, a DeKalb County negligent security lawyer could help you recover compensation for any injuries you or your loved one sustained during the attack. A skilled injury lawyer can help you get the justice you deserve.
Proving Liability in a DeKalb County Negligent Security Case
Recovering damages in a standard injury claim requires a plaintiff to establish that the defendant’s negligence caused their injuries. However, proving negligence in a DeKalb County negligent security case has additional requirements compared to a standard injury case. The elements a DeKalb County negligent security attorney must demonstrate to recover compensation includes:
- A property owner owed the plaintiff a duty of care;
- The property owner breached that duty by failing to prevent a criminal act;
- The criminal act was foreseeable;
- The act caused the plaintiff’s injuries; and
- The plaintiff’s injuries amount to monetary damages.
The Duty of Care
The first step in a negligent security case is to establish the defendant owed a duty to protect the plaintiff from sustaining injuries during a violent crime. This means they were responsible for taking reasonable steps and being aware of crime in the area to protect the injured party. For example, in an area with high levels of crime, it may be necessary for an apartment building owner to take extra precautions.
Breach of the Duty
A DeKalb County negligent security lawyer must next establish the defendant breached their duty by failing to address security needs on the property. A breach could involve the failure to take preventative steps.
A defendant in a negligent security case may only be held liable for a crime that was foreseeable. Foreseeability means the property owner knew or should have known of an increased likelihood of violent crime at the property.
Causation and Damages
The final two elements are often intertwined. A plaintiff must show that they suffered monetary damages. Additionally, they must establish that those damages were a direct result of the defendant’s failure to take steps to address crime on the property.
Protecting Tenants and Visitors from Violent Crime
A person injured during the commission of a violent crime could have a viable claim against the owner of the premises where the crime occurred if that property owner failed to take steps to protect their visitors, guests, customers, and tenants. Some of the steps property owners take to deter criminal activity include:
- Hiring security guards or doormen;
- Installing security cameras;
- Installing appropriate lighting; and
- Utilizing fencing and gates.
Speak with a DeKalb County Negligent Security Attorney
A negligent property owner could face liability if they failed to take reasonable steps to prevent a crime. If the property owner should have known that this type of crime was an issue in the area surrounding their property, they could be responsible for paying damages. A DeKalb County negligent security lawyer can help you get the compensation you need and deserve. Call today to set up a free consultation.