What You Can Do If You Are The Victim of a Crime at a Business or Apartment Complex
Premises Liability law covers a variety of different cases, including slip and falls, faulty construction, swimming pool accidents and dog bites. In addition, a victim of a crime may seek justice against the owner or operator of an apartment complex, parking garage or business owner for Negligent Security.
Negligent Security, in a nutshell, is an argument that the property owner or operator failed to provide adequate security on the property or failed to eliminate certain conditions that may promote criminal activity. For example, if an apartment complex has had numerous crimes reported, including assaults and shootings, and the management has ignored these incidents and not fulfilled their legal duty to protect those properly on the property, then they may be held accountable for any future criminal acts that could have been avoided.
To succeed in a claim, negligence will have to be proven.
Proving negligence requires showing
- Property owner owed a duty to protect the victim.
- Property owner breached that duty. (ie...failure to hire security, failure to train security)
- The property owners' breach of duty caused the victim's attack, therefore their injuries.
- The victim was injured and suffered damages.
Your attorney will have to investigate whether there were prior similar incidents, what was the lighting and location, training of security personnel, failure to warn and/or negligent supervision of employees.
I was involved in a case in the past involving a young women who was sexually assaulted at a mall. Her assault took place within a store within the mall and was perpetrated by an employee of that store. Through investigation, we were able to discover that other similar incidents involving the store had been reported to mall security and mall management. Our theory in the lawsuit was that not only was the store owner negligent in his hiring, but the mall management and mall owners were negligent for their failure to provide adequate security to mall patron after they had been placed on notice of similar sexual assaults.
There are many important issues to look into if you are the victim of a crime on a businesses property and you will also have to navigate the criminal justice system if the criminal is caught and prosecuted. Be sure to protect yourself from further harm and hire an attorney to seek justice where it can be found.
If You Have Questions About An Injury You Suffered
Please contact Clifton Law Office, you can reach me at my contact page online or call me directly at 904-209-4883.