Have you or a loved one recently incurred injury or suffered other harm because of inadequate security? If so, you may be able to collect compensation for your monetary and non-monetary losses. The lawyers at Dickerson Oxton, LLC have years of experience in premises liability and negligent security laws. Contact us to schedule a free initial consultation with a Kansas City negligent security attorney and learn more about your legal options.
Criminal activity can affect anyone, even when we least expect it. Negligent security claims arise when a victim of a crime seeks civil redress for his or her injuries, pain, and suffering. A plaintiff may pursue claims against the owners of a property or a third party to compensate for the full extent of his or her damages. Injuries in a negligent security claim typically arise from crimes such as assault, battery, or rape.
Elements of a Negligent Security Case
The laws of negligent security hold that a property owner may be responsible for injuries or other damages when he or she fails to offer reasonable security measures to protect visitors and invitees from reasonably foreseeable crimes or violent activity. A negligent security case assumes that a victim’s injuries could have been prevented by offering adequate security.
The following elements form the basis of a negligent security claim:
1. The property owner owed you a duty of care.
A property owner owes reasonable security measures to invitees on his or her property; not to trespassers or those committing crimes. For example, a University owes a duty of care to its students, an apartment complex owes a duty of care to its tenants, and commercial tenants have a duty of care to their customers.
2. The property owner violated his or her duty of care by failing to provide adequate security measures.
When a property owner fails to take reasonable steps to prevent injury or criminal activity, it’s referred to as “negligence.” Negligence forms the basis of virtually all personal injury claims and refers to something a reasonable person would or would not do, in the same circumstances.
3. The property’s owner’s negligence led to your injuries.
Causation is an essential aspect of any premises liability case. In order to collect damages, you must show adequate evidence that it was a property owner’s action or inaction that contributed to your injuries.
4. You suffered damages as a result.
Collecting compensation for your injuries requires proof and a Kansas City premises liability lawyer can help. Examples of proof include medical bills, lost wages resulting from missed work, and more.
What Counts as “Adequate” Security?
One of the most common questions clients have regarding negligent security claims is, “how do I know that a company’s security was inadequate?” There is no one-size-fits-all answer. The adequate security of a property will vary from place to place and will depend on factors such as neighborhood, business hours of operation, and more. Some common things our Kansas City negligent security attorneys look for when determining if a company’s security was adequate include:
- Was there sufficient lighting?
- Are there security patrols during hours of operation?
- Does the premises have functioning security hardware such as locks, and closing windows?
- Does the property owner restrict a patron’s ability to have keys?
Trust a Skilled Kansas City Negligent Security Lawyer with Your Claim
Property owners owe a duty of care to those who visit their property. If they fail in the duty of care and that failure causes injury, they may owe you compensation for your losses. The attorneys at Dickerson Oxton, LLC are committed to helping you gain compensation for the full amount of your injuries, pain and suffering. We offer our services on a contingency-fee basis, so you’ll only owe a fee if we win a court judgment or settlement on your behalf. Call (816) 368-5637 or contact us online.