Inadequate Security Attorneys in Alpharetta
When people suffer concussions or other injuries in a criminal attack, they think first of trying to hold the person who committed the attack criminally responsible for what happened. That is not the end of the story. You can also recover financial damages from the owner of the property where the attack occurred if they failed to take adequate steps to protect you.
Not every attack-related injury would be considered the result of inadequate security. What is considered reasonable security is based on the facts and circumstances of what happened. The most relevant fact is what the property owner knows about the conditions in the area and the previous track record of the location.
If you suffered injuries, let an inadequate security lawyer determine whether you have a claim.
Negligence Is the Legal Standard You Must Prove
The key word in a negligent security case is “negligent.” This is the same exact standard in any personal injury case that finds an owner legally responsible when they fault to act as a reasonable property owner would. The reasonable property owner would take steps to protect patrons and visitors in the face of known risks.
For example, if the property was located in a high-crime area, the owner would be on notice that there could be a potential incident and must provide security accordingly. The same goes when there was a prior incident on the exact property. In addition, if the clientele of the business means that there could be incidents (i.e., a crowd that gets rowdy and fights when drinking), the owner should consider that with the amount of security that they have.
The Elements of an Inadequate Security Case
There are four elements that you would need to prove in order to win a negligent security case:
- The defendant owed you a duty to protect you
- They breached that duty by failing to provide reasonable security
- You suffered an injury
- The defendant’s failure to uphold their duty was a factor in your injuries
In any negligent security case, the first two elements will be the ones at issue. When a defendant invites you onto their property, they owe you that duty. For example, if you are a patron at a store or a student at a university, the owner and school respectively have a duty to keep you safe from foreseeable attacks.
Then, the focus would be on whether the security measures taken were reasonable. A posted security guard may not be enough if there is a history of incidents in the area. A court may decide that the property owner must do far more to protect patrons than they did.
Note that we used the word foreseeable. It may be that the area is relatively safe, and there have been no prior attacks in the vicinity. Then, an attack may not be foreseeable. What is foreseeable will almost always be a matter of debate. The property owner will almost always deny that they had any knowledge of potential issues.
Examples of Inadequate Security that Could Lead to Compensation
There are numerous ways that a property owner can fail to provide adequate security. It is about much more than having security guards in the area to protect you from an attack. Here are some examples of inadequate security:
- The defendant’s employees or guards did not respond in time when a customer or visitor was in danger
- The security camera system was malfunctioning at the time of the incident, and the owner did not timely repair it
- A landlord failed to provide bars on the window in a high-crime area
- There was no way to control entry to the property in the face of known risks
- The employer did not properly screen employees before hiring them
Negligent security is actually one way that you could sue a rideshare company when you have been attacked and assaulted by a driver. Companies like Uber and Lyft have a legal obligation to perform careful background checks before they allow drivers to transport passengers. There have been numerous successful lawsuits against these companies for driver assaults.
How to Win an Inadequate Security Case
In order to successfully prove an inadequate security claim, you would need to focus on two things:
- Showing that the owner had knowledge of the risks of a possible attack
- Proving that the actual measures that the owner took to protect you were inadequate
Inadequate security cases are very fact-dependent. You need an experienced lawyer who can focus on what the company knew. Of course, the defendant will never tell that they knew full well of the risks and did nothing about them. They will deny responsibility or claim that they did enough to keep you safe. The defendant will argue that they cannot guarantee everyone’s safety and only need to take reasonable steps.
An attorney would need to make the case through both statistics about the area and discovering what the owner really knew. Oftentimes, you will get this information during your court case after you have filed a lawsuit.
Possible Entities that You Can Sue for Inadequate Security
These cases can result in higher compensation for injured victims because there is almost always a corporation involved who has far more insurance coverage than the average homeowner. Here are some possible defendants that you may sue in an inadequate security case:
- Landlords and apartment complex owners
- Schools and universities for failing to keep students safe
- MARTA for attacks that occur in train stations and parking lots
- Grocery and convenience stores
- Sports teams when attacks occur in the stands and parking lot
- Hotels and motels
Contact an Alpharetta Inadequate Security Attorney
If you have been injured in any premises liability case, we can help. People and companies who invite you onto their premises owe you a duty, and we will not let them get away with failing to uphold it. The attorneys at Spaulding Injury Law regularly take on powerful companies and their lawyers, fighting for our clients to get financial compensation for their injuries. Call us today or contact us online to schedule your free initial consultation. Alpharetta Personal Injury Lawyers is located at 44 Milton Ave #132, Alpharetta, GA 30009, United States.