What Makes A Violent Crime Foreseeable In Negligent Security Cases?
Personal safety is a priority for everyone, and that includes when we are on someone else’s property. However, not everything that happens on someone else’s property is under our control. For example, if someone with a gun shows up at a grocery store and you happen to be there, there is probably very little you can do to ensure your safety.
When an injury occurs due to negligent security on another’s premises, victims can pursue legal action for damages when they can prove that the violent crime was “foreseeable.” But when do cases like these become an issue of “negligent security”? What exactly is a foreseeable violent crime?
Our Birmingham premises liability attorneys at Goldasich, Vick & Fulk, Attorneys at Law, provide legal counsel to those who get injured on someone else’s property, including in cases involving negligent security.
What Is Negligent Security?
Negligent security is defined as the failure of an owner or occupier of a property to provide reasonable security measures to prevent foreseeable criminal activity that could cause harm to visitors or invitees. In other words, when someone has been injured due to inadequate security measures on another’s property, they may be able to file a claim against the owner or occupier of the premises.
Foreseeability of Violent Crime
For one party to be liable for negligent security following a violent crime, it must be determined that the violent crime was foreseeable. This means that the property owner should have expected that criminal activity might occur on the premises and taken steps to prevent it from happening. A number of factors must be considered before determining foreseeability, including prior instances of similar criminal activity at the location, any existing threats made against potential victims, and whether there was past knowledge of potential danger at the location.
When bringing forth a claim for negligent security, victims will need evidence showing that there was some kind of notice warning them about potentially dangerous conditions at the time they entered the premises, as well as proof that these conditions were not adequately addressed by those responsible for maintaining safety at the location. If successful in their lawsuit, victims may receive compensation for medical expenses related to their injuries as well as pain and suffering resulting from their ordeal.
Why You Need a Premises Liability Attorney
With this information, individuals who have been hurt due to negligent security can make an informed decision about pursuing legal action against property owners or occupiers who failed in their duty to provide adequate protection from harm.
If you do not know where and how to begin gathering evidence to prove that a violent crime that got you injured was foreseeable, reach out to an attorney for help. Your attorney will start working on your case immediately to help you fight for the compensation you deserve. Keep in mind that there is a limited amount of time to sue the property owner, which is why it is important to start developing your case as soon as possible. Under Alabama Code § 6-2-38, injured victims have two years to bring a lawsuit based on negligence.
Contact Goldasich, Vick & Fulk, Attorneys at Law, to Discuss Your Case
When filing a claim for negligent security due to injury caused by violent criminal activity, it is crucial for victims to demonstrate that such crime was foreseeable by those responsible for providing proper security on their property. Our attorneys at Goldasich, Vick & Fulk can help you gather the evidence you need to prove that a violent crime was foreseeable when pursuing your negligent security claim. Call 205-731-2566 to get a case review.
