Negligent Security

How to File a Negligent Security Claim

Getting started with Kanner & Pintaluga is easy and FREE. Here are the steps to follow to begin your negligent security claim.

Step One: Contact Us

Complete the contact form on our website or call us today at (800) 586-5555. A team member will contact you shortly to schedule a FREE and confidential consultation and case evaluation.

Step Two: Provide Information

We’ll ask for some basic information to get started. The more information you have to provide, the better idea we’ll have regarding the potential trajectory and outcome of your case.

Necessary information includes:

• Name, location, and date of birth.
• Contact information, including phone number and email.
• A brief description of the incident and your injuries.
• Supporting documentation regarding your case.

Examples of information to include in the description of your incident:

• Location of the incident, including the physical address and the business’s name, if applicable.
• Property owner’s name.
• Date and time of the incident.
• A brief overview of what happened.
• A summary of the injuries you sustained.

Examples of documentation to include:

• Police reports regarding the incident and your injuries.
• Medical records documenting your injury and treatment.
• Medical bills and insurance paperwork detailing your costs.
• Photos of the scene and your injuries, if possible.

Step Three: Proceed with Your Negligent Security Claim

Once we complete your FREE consultation and case review, our team will proceed with filing your negligent security claim. During the initial phases, we’ll notify all necessary parties that you are filing a claim against them and then begin gathering evidence through our investigation process.

Then, we’ll negotiate with the insurance companies and opposing legal team. We’ll make every attempt to secure an acceptable settlement before going to trial. If necessary, we’ll proceed to the courtroom to seek a resolution.

Understanding Negligent Security

Negligent security is a type of premises liability law. It can apply to commercial and resident property owners. Negligent security occurs when property owners fail to uphold their duty of care to protect employees, visitors, and other private citizens on their land against injury resulting from criminal acts and poor security.

When a company or property owner fails to uphold adequate security measures on their grounds, they may fail to protect individuals against foreseeable criminal activity. Injured visitors may sue a property owner for this negligent security and undue harm.

Typically, it is not enough to receive an injury on someone else’s property due to an assault or attack. You must also prove foreseeability to have a valid negligent security claim.

What Is Premises Liability Law?

Premises liability is also known as “occupant liability.” The laws regarding premises liability can vary significantly from state to state, making it crucial to consult a negligent security lawyer immediately if you suffer criminal harm on another person’s property.

Premises liability is “the liability that a landowner or occupier has for certain torts that occur on their land.” A tort is a wrongful act that harms or injures a person. The land or property owner is often responsible for the tort or harm.

Sometimes, that harm is the result of negligent security.

Why You Need a Negligent Security Attorney

Negligent security cases and premises liability claims at large are a particularly complex type of legal action. Since the laws vary significantly by state, and each case is unique, hiring a negligent security attorney is the best way to maximize your settlement and increase the chances of winning your case.

A negligent security lawyer is familiar with all aspects of both personal injury law and premises liability. They know how to advise their teams on collecting evidence, investigating the crime, and assessing security measures at the scene.

At Kanner & Pintaluga, we’ll work to secure all available surveillance footage and witness statements regarding the incident that caused your injury. Then, we’ll negotiate with insurance companies and property owners to secure your compensation. If necessary, we’re ready to represent victims in court should the case move forward to trial.

What Is Negligent Security?

In all U.S. states, property owners are responsible for ensuring adequate security measures on their grounds. This is for the protection of employees, visitors, guests, and licensees. Adequate security measures can include ensuring proper lighting at night, securing the perimeter against intruders, and more.

When a property owner fails to take these reasonable measures, criminals may enter the property and cause harm to visitors. Often, this harm results in physical or emotional damage. Even though the property owners don’t physically cause harm themselves, they are still responsible for failing to protect people from such events. This means they provided negligent security.

A key element in determining whether or not negligent security has occurred is whether the property owner could reasonably foresee the potential for criminal activity on their property. If the answer is yes and they failed to take appropriate measures to prevent such activity, they may be deemed negligent.

Common Examples of Negligent Security

Many common examples of circumstances qualify as negligent security in premises liability law. Some of the most frequent examples that result in claims and lawsuits include:

• Inadequate lighting
• Lack of security personnel
• Broken surveillance equipment
• Unsecured perimeter
• Inadequate or broken locks
• Failure to address known security issues
• Lack of proper maintenance

Types of Negligent Security Injuries

There are several common situations that result from negligent security. These scenarios can include:

• Assaults
• Robberies
• Shootings and stabbings in poorly secured areas
• Security breaches in parking lots, apartment complexes, and business complexes

These criminal acts cause harm and injury to visitors and guests. Common injuries associated with these events include:

• Broken bones
• Bruising and lacerations
• Sexual assault
• Gunshot or stab wounds
• Head trauma or concussions
• And more

Additionally, there is often substantial psychological and emotional damage that comes with injuries sustained from negligent security. When a person is the victim of a crime, it frequently results in deep-rooted trauma. Victims may suffer from anxiety, depression, and PTSD following an incident or attack. Even if full recovery is possible, it can take many years to recover from the lasting effects of these events.

These conditions can become debilitating, affecting all aspects of daily life. A victim may suffer from loss of enjoyment, loss of relationships, and struggle to complete daily living activities. You deserve compensation for this pain and suffering. At Kanner & Pintaluga, we fight for the justice you deserve.

Types of Compensation Available in Negligent Security Claims

There are three types of compensation available in negligent security claims. All three types are added up to equal a total settlement.

Economic Damages

We compute economic damages based on real numbers. This total comes from bills and receipts regarding your injury’s care, treatment, and recovery. The American College of Surgeons states that “economic damages refers to compensation for objectively verifiable monetary losses.”

This verifiable amount can include:

• Medical bills
• Prescription costs
• Costs of therapy
• Lost wages
• Transportation costs
• Economic value of domestic services
• And more

Non-Economic Damages

Non-economic damages refer to “compensation for subjective, non-monetary losses.” These costs can be abstract and more challenging to compute.

Non-economic damages can include compensation for:

• Pain and suffering
• Emotional distress
• Inconvenience
• Loss of society and companionship
• Loss of consortium
• Loss of enjoyment of life

Punitive Damages

Punitive damages are a rare form of compensation. However, they are more common in negligent security cases than other types of personal injury claims. Punitive damages are “awarded for punishment–to deter intentional or reckless behavior or actions motivated by malice.”

They don’t compensate a specified loss but are an additional portion of the payout, awarded if the court finds the property owner’s negligence particularly egregious, willfully reckless, or indifferent to the possible harm their actions bring others.