Property owners and managers have a duty to protect visitors from injury. This includes employing proper security measures to make sure visitors don’t fall victim to a crime, especially if the property owner knew or should have known that crime was common in the area.
Proper security may include cameras, lighting, fencing, gates, security guards, security patrols, and other measures. In addition, property owners can post signage warning visitors of possible dangers. When proper measures aren’t taken, and visitors are injured by violent crime, they may be able to sue the property owner for compensation.
At Andersen, Tate & Carr, our Duluth negligent security lawyers will build a strong case on your behalf so you can get the compensation you deserve. We have decades of combined experience, and we know exactly what it takes to handle your case successfully. Call us at 770-822-0900 or contact us online for a free, no-obligation consultation today.
What Kind of Compensation Are You Entitled To?
After you have been injured due to negligent security in Duluth, you may be entitled to different forms of compensation, or damages. These damages are divided into two categories: economic and noneconomic. Economic damages are those that are intended to compensate you for the real money you lost due to the injury. These tangible losses may include your medical bills, future medical costs, lost wages, out-of-pocket expenses, and much more.
You may also be entitled to noneconomic damages. These are intended to compensate much more intangible losses, such as pain and suffering, change of life, and mental anguish. While you can present receipts and invoices to show economic damages, your lawyer will rely on other testimony to show the noneconomic damages you have suffered.
It’s important to note that legal action to recover this compensation will most likely be taken against the property owner and/or their insurance company. However, you may also be able to file a civil case against the criminal themselves. This would happen separately from any criminal procedures taken against the attacker.
Negligent Security Is Premises Liability
As a subsection of premises liability, negligent security cases follow specific rules and procedures. One of the most important things to remember is the three different types of visitors who may enter a property. Each one has a different level of protection afforded to them.
The least protected type of visitor is a trespasser. As you may imagine, these are visitors who are not legally allowed to be on the property or are on a part of the property they aren’t allowed to be (such as an employees-only area). The only obligation property owners have to trespassers is to not intentionally cause harm. So, a property owner doesn’t implement proper security measures, and a trespasser falls victim to a crime, that property owner may not be liable for the injury.
The second type of visitor is a licensee. This is a person who is allowed to be on the property but isn’t there for the financial benefit of the owner or manager. This may include someone attending a party or a pizza delivery person. Property owners have a duty to take reasonable care to make sure licensees don’t suffer injuries while they’re on the property.
The most protected class of visitor is the invitee. These are people who are on a property for the financial benefit of the property owner. The most common type of invitee is someone visiting a retail shop or gas station. Property owners have the obligation to inspect their property and ensure all dangers are reasonably taken care of — including employing all proper security measures.
Speak with a Security Negligence Lawyer in Duluth
If you have been injured due to a crime, such as battery, robbery, shooting, or some other violent crime, and it happened on someone else’s property, you have legal options. At Andersen, Tate & Carr, our Duluth negligent security lawyers know what it takes to help you get the compensation you deserve for your injuries.
We will build your case and negotiate with the other side for compensation. If the other side refuses to offer a fair settlement, we are willing and able to take your case to court to fight for the damages you deserve. Give us a call today at 770 -822-0900 or use our handy contact form to schedule a free, no-obligation consultation today.