Lawrenceville Inadequate Security Lawyer
If you have been injured in an attack or assault, your focus should be on getting justice for what happened to you. Assaults can result in serious injuries, including brain injury. Not only should you hold the attacker criminally responsible, but you can also take civil legal action if someone else was supposed to provide you with safe premises and failed to do so. Georgia law allows you to sue for inadequate security when a property owner has failed to uphold their obligation to you, and an inadequate security attorney can evaluate your rights.
Others Have a Duty to Look Out for Your Safety
When you are in a store or when your child is at school, some have a legal responsibility to look out for your safety. As soon as they invite you onto their property, they assume a duty to you to exercise reasonable care. Although they may not be liable for every single incident that happens on their watch, they must act like any other reasonable person would under the circumstances. These steps could include:
- Installing bars on the windows of ground and second-floor apartments
- Ensuring that premises have adequate lighting
- Installing a video security system that allows for personnel to monitor the premises
- Having trained security guards stationed at key places
- Performing stringent background checks on employees who may be around members of the public
When Property Owners Must Do Something to Further Security
To be clear, not every property owner has a legal responsibility to undertake all of these measures. Property owners assume obligations to protect the general public when:
- There is a history of crime in the area based on previous incidents and statistics – higher crime areas require more extensive security measures.
- The type of incident is foreseeable based on the nature of the location – For example, patrons who are crowded together in a location have a much higher chance of getting into a fight.
The owner must take all circumstances into account when deciding whether to have security and how much is needed. This is a decision that they should be made to answer for if something happens to you on their property.
When You Can File an Inadequate Security Lawsuit
You can file a lawsuit against the property owner for the following types of incidents when the owner did not take reasonable care to protect you:
- Sexual assaults
- Hate crimes
- Physical assaults by others
The Property Owner Does Not Have an Obligation to Guarantee Security
Just because you were injured in one of these incidents does not mean that the property owner is automatically responsible. The owner could have taken measures to protect you, and the attack happened in spite of their security measures. In some cases, the property owner would have had no way of knowing that there was a possibility of an attack. Nonetheless, when you have been injured on the property of another, one of the first things that you should do is investigate whether there is someone who could be made to pay for your injuries.
Inadequate security cases are very fact-intensive. Instead of proving what happened to you in the case, your focus is on what the defendant knew and what they should have done. You must prove that your injuries would not have happened if the landlord had taken reasonable steps to ensure your safety.
Evidence to Prove Your Inadequate Security Case
In order to gather the evidence that you need to meet your burden of proof, you will need to move quickly before the evidence is lost. Working on your own case is difficult, especially when you are still dealing with the trauma from the attack. When you contact an attorney, they will move to assemble your case, by doing the following:
- Obtaining any video evidence available
- Taking photos of the scene of the incident
- Interviewing witnesses who are familiar with the security measures that the defendant used to protect people
- Data that details incidents in the area in the past
Your lawyer would quickly visit the scene of the incident and reconstruct as much as they can of what measures were in place and what the scene was like at the time of the attack.
Inadequate Security Cases Mean Suing Companies
In most inadequate security cases, you are filing a lawsuit against a company that owned or controlled the premises. These cases could involve high-profile incidents and a high amount of damages. In these cases, your worst injuries are a combination of physical and emotional. Even incidents that do not seem “major” can leave you with serious physical injuries that require surgery and rehabilitation.
In addition, an attack has likely left you with deep emotional scars and trauma that impact your life going forward. Emotional distress and trauma are part of your injury damages, and they can be the biggest part of your case.
You may be dealing with an insurance company that covers the defendant. If this is the case, the policy is probably large enough to provide for a significant settlement. However, the insurance company will not write a check easily, and settling an inadequate security case will take work. The insurance company may start by denying any possible liability, claiming that their policyholder did nothing wrong.
Your Legal Options in an Inadequate Security Case
When you have an inadequate security case, you have two possible legal options:
- You can file an insurance claim to pay your injuries
- You can file a lawsuit in court against the defendant
Whichever path you choose, you can always file a lawsuit. If you file a lawsuit, you can always settle your case.
Call a Lawrenceville Inadequate Security Lawyer
If you have been injured in an attack, you can count on the attorneys at Spaulding Injury Law to work hard on your behalf as you seek to hold someone responsible. Once you hire us, we will immediately get to work to build your case and advise you of the best way to obtain full compensation for your injuries. Reach out to us online or call us today at (770) 744-0890 to schedule your free initial consultation.