Negligent security falls under premises liability. Negligent security is where you become a victim of a violent illicit attack while being on someone else’s property. Most of the time you are a customer on this property. The commercial establishment has the duty to make sure their property is in the best safest condition.
What are common types of cases due to negligenet security?
Physical harm is not limited to criminal charges if the landowner failed to prevent the attack on you with reasonable security measures. Here are the most common types cases:
- Rape or attempted sexual assault
- Mugging or armed robbery
- Bystander injuries during a bar fight
Was my injury forseeable?
Forseeabilaty is something that can or possibly anticipated. As your attorney I will be looking at a combination of different things, for example:
- Imminent harm
- This means the property owner knew or should’ve known the particular crime was immininent due that same crime happening in the past in that same place before
- Previous incidents
- Totality of circumstances
I’ve read about a balancing test, what is that?
The balancing test is what I would use to show that the landowner was responsible in taking secufrity measures to keep you safe. The balance test shows the likelihood of th injury and possible harm versus the burden on the landowner to prevent the injuries.
How would you be able to recover my damages?
To recover damages under a negligent security claim is very similar to recovering damages under premise liablity. I will be looking at how responsible the property owner was during your injury, for example:
- Dangerous conditions on the property
- The knowledge of the dangerous condition(s) the owner had
- The failure to take responsibility of the danger condition of the owner
- The failure caused your injury
What damages can I recover?
If someone else’s negligence caused you to have an injury you can claim compensatory damages against the liable party. Compensatory damages include economic and non-economic damages.
Economic damage claim can include medical expenses, lost wages, loss of future earnings, home modifications, and non-medical needs.
Non- economic damages include pain and suffering, loss of consortium, damage to reputation, emotional distress, and loss of companionship.
You may also be able to recover punitive damages. Punitive damages can be recoverable if the liable party acted malice or fraud. These may include the liable party being under the influence while driving, fleeing from the police, and/or reckless driving.
How do you calculate my damages?
Though I cannot guarantee a certain outcome, but by having me as your attorney I will guarantee the best possible outcome out there.
I will be looking at these factors to get the total amount of compensation you are owed:
- The amount spent for your past and future treatment
- The amount of your income that will be lost while you’re recovering
- How much your injury will affect your future
- The affect your injury will have on your relationships with others
- They cost of any home care you are going to need
How will you prove my damages?
You may think that those documents or photographs may not strengthen your case, but they actually make your case even stronger. It may be obvious that the liable party caused your injury but you are going to need those photographs and documents to make your case even stronger. Some examples that will make your case stronger is:
- Medical documents
- Any medical imaging
- Photographs of the accident scene and your injuries
- Police report
- Proof of loss benefits
- Any receipts that show any expenses related to your injury
Let me help you get all the compensation you deserve because you don’t deserve anything less!
Contact The Reyes Firm at 813-421-3411
We are here for you 24/7 and have the experience to protect your interests and get you the recovery you deserve. Call us today – and above all be safe on the roads!