In El Paso, a large number of violent crimes happen regularly and often end up with the victims being seriously harmed. In instances in which you have been severely injured on someone else’s property, especially public property, you may be able to bring a negligent security claim against them. Public property owners have a duty to keep you, the visitor, safe; if they fail to do so, they could be held liable.
Property owners are responsible for several things. They need to ensure that their property is free of hazards that could cause accidents and incidents. They need to be well-informed about the criminal activity that is happening in their area, as well, and they need to take precautions to avoid incidents from happening on their property. If none of this is being done, they can be held liable for a negligent security case.
If you are seeking a negligent security case against a liable property owner, please do not hesitate to get in touch with our Texas negligent security lawyers today to set up a free case evaluation.
Proof for a Successful Negligent Security Case
There are a few places in which a negligence security incident can take place. They include:
- Shopping malls
- Public stores
- Gas stations
- Grocery stores
- Strip malls
- Parking lots
If you want to have a successful negligent security case, there are a few things that you need to be aware of. While you may be able to bring your injury case against the person who is personally responsible for harming you, it is often a more successful avenue to bring your claim against the owner of the property where you were harmed. With that approach, you go after negligent security damages rather than a civil case against one person who you may or may not be able to track down.
To successfully bring your negligent security case, you need to do four things:
- You need to prove that the property was owned by the liable party where you were seriously injured.
- You need to prove that there was knowledge that the conditions of the property left room for injuries and that no one took any prevention measures.
- You need to prove that the security at the property was insufficient.
- You need to prove that, because of all these factors, you were harmed.
Texas Negligent Security and Premises Liability
Negligent security is a term that can apply to a number of incidents. You may bring this type of case if you were harmed by someone taking advantage of a poorly lit parking lot to assault you, as an example. A negligent security case could also stem from harm caused to you during a robbery at store.
The crimes that are typically involved in a negligent security case include crimes such as:
- Armed robbery
The bottom line in a negligent security case is that, by definition, if the property owner acted in a different way, they could have prevented the injury from happening. Perhaps they could have hired a security guard to watch over the cameras to prevent a robbery. They may even have been able to prevent an assault if they had installed good lighting in a parking lot.
There are many other things that can also be done to secure a property such as installing locks, gates, or fencing, only giving keys to employees who are well-trusted, and installing cameras with guards watching the footage. All of these things could have made a great deal of difference in preventing incidents from occurring.
You need to understand a few things in order for your case to be successful:
- The property owner you’re bringing your case against needs to have been aware that they were missing some crucial safety measures.
- The property owner must then have always been aware that an injury like yours was a possibility and have done nothing to prevent it from happening.
The property owner will be held responsible for the injuries and damages that befell you due to their lack of security if you can prove those two things.
Frequently Asked Negligent Security Questions
What if the business owner is denying responsibility for my injury?
Oftentimes in negligent premises security cases, the premises owners – whether it be a landlord of an apartment complex or the owner of a commercial mall or store – routinely deny liability. When they’re denying liability, they’re saying that didn’t know that there was a probability or a possibility of an incident occurring on their property. The law, however, says that if a premises owner knows of violent criminal activity or should know of violent criminal activity on their premises or around their premises, then they are responsible for any attack and any injuries caused as a result.
What should I consider when choosing an attorney for a negligent security case?
When choosing a negligent security attorney or a premises security attorney, the most important thing to do is look for an experienced trial attorney with experience in this area of the law. You need an experienced trial attorney in this area of the law because these are hard-fought cases, and you need somebody who knows what to look for and knows what questions to ask. If you have any questions in this regard, please give us a call. We’re more than happy to answer the questions you may have about your negligent security case or your premises security case.
Should I speak to an insurance company about my negligent security case?
It is never a good idea to speak to the insurance adjuster representative for the premises or to the premises representative. Chances are these representatives are asking you questions in a way that isn’t aimed at getting the entire truth. Their purpose is to try to get you to say something that absolves their client or their company from being responsible for the damages that they have caused.
An experienced trial lawyer with experience in this area of the law knows this, and they will know how to guide a client through the entire legal process. If you have any questions about this issue or your negligent premises security case in general, please give us a call. We stand ready, willing and able to answer your questions.
Can I file a lawsuit if I was assaulted at a hotel?
When people are assaulted at a hotel or other commercial establishment, one of the first things they should do is call the police and write a report. The second thing they should do is get medical attention immediately. As part of the report to the police, also report it to the premises owners or whoever is in charge there at the time. This area of the law is filled with potential traps for those who don’t know what they’re doing. If you have a questions about these potential traps or about the process of going through with your case, give us a call. We stand ready, willing and able to answer your questions about your case.
What is important to know about negligent security injury claims in Texas?
People who come to me for negligent security claims or premises security claims come to me because either they themselves or a loved one has been assaulted on commercial premises. What people don’t know about these types of claims is that the law protects consumers, customers, tenants, etc. from foreseeable criminal activity on these premises. An experienced trial lawyer will know to look for a history of prior criminal violent activity not just on the premises, but around the premises. Other things that an experienced trial lawyer with experience in this area of the law does is they look to see whether the premises is being kept up. For example, whether an apartment complex has adequate lighting or whether a mall has enough security.
What if the property owner is attempting to transfer liability for my injury?
Oftentimes, the defendant or the commercial property owner or the landlord attempts to shift blame onto the person who did the attack. That is a very, very common defense; under the law, however, a premises owner is responsible for the safety of its guests when there is a history of violent criminal activity, not just on the premises but also in the surrounding area. An experienced trial lawyer with experience in this area of the law knows this. If you are in search of such an attorney and need questions answered concerning your premises security case, please give us a call.
How long will it take to settle a negligent security case?
Oftentimes clients who have been seriously injured due to negligent security or a premises security situation wonder how long it will take for this case to resolve. There are two major factors that come into play. One is what sort of medical treatment is required. A recent Chavez law case involved a client who was assaulted in a restaurant/bar. The assault caused permanent vision loss. A seriousinjury like this that requires a good deal of treatment can affect how long the case will take.
Another factor is whether or not the insurance company representative for the premises or for the apartment complex will negotiate in good faith. The truth of the matter is this: When the defendant is unwilling to pay full and fair compensation, the case will go to trial, extending the length of the case.
Call Our Texas Negligent Security Lawyers Today
If you have been seriously hurt in an incident due to negligent security, please do not hesitate to reach out to Chavez Law Firm right away. Our Texas negligent security lawyer can guide you through your negligent security case every step of the way.
Finding the right lawyer to represent you is a very important aspect to having a successful claim. Choose someone who has proven success with this type of case. Our Texas negligent security lawyers are here to support your journey to receiving compensation in the fullest and fairest amount. We can take your case to trial if need be. Please call our office today to set up your free initial consultation.