Phoenix Negligent Security Attorneys
The term negligent security refers to when proper security should have been provided, but was not, resulting in serious injuries. When property owners and managers don’t make sure their guests, tenants, and patrons are safe, then they can put them at risk for property damage or violent attacks. Those who have suffered because proper steps were not taken to ensure their safety should be given proper and fair compensation.
The Phoenix premises liability lawyers at Breyer Law Offices, P.C. have years of experience going to bat for our clients and winning them the damages they need. If you have become injured due to negligent security, then contact us at (602) 457-6222 and let’s discuss your case. A settlement won’t reverse what happened, but it may put your mind at ease and allow you to live your life comfortably.
There are many ways in which security can be lacking. If a neighborhood has a high crime rate, then the property owner and managers should respond accordingly to protect anyone on the property. Their carelessness can take the form of:
- Improperly lit parking lots, stairwells, and garages
- Lack of cameras and alarms
- Untrained or no security guard
- Unlocked doors, windows, and gates
- Lack of proper emergency exits
While bad lighting and a lack of security cameras may seem harmless, they can be just what a criminal needs to target a victim. That is why property owners need to take proper security seriously and do all they can to make sure their guests and tenants are safe. If they don’t, then their guests are often the ones who pay the price for their negligence.
When security guards aren’t properly trained or gates are left unlocked, then that makes it easier for criminals to steal, break-in, or hurt others. This negligence can lead to issues such as:
- Breaking and entering
These crimes can, in turn, lead to serious injuries, or even death. These injuries will require treatment, which means you will begin to wrack up medical bills as you recover. Paying these bills may become difficult, as the healing process will likely require that you take time off from your job, and permanent disability may even make it impossible for you to continue working in your field.
While there may be a court case against the person that caused you harm or damaged your property, it is unlikely that this case will result in any substantial compensation for the pain you suffered or any financial loss that you experienced as a result of your injuries. Criminal cases are meant to determine guilt and punish those found guilty. They are not meant to compensate victims.
While the state of Arizona allows victims of violent crimes to seek restitution, they may only do so after a criminal has been caught and charged. In addition, Phoenix residents may seek compensation through the Victim Compensation Program from Maricopa County, which does not require a conviction. However, these funds may be limited in terms of what can be awarded and negligent security came may be your best chance to receive the compensation you need and deserve.
The person most likely to be liable for your damaged property and injuries – other than the criminal that caused the damage in the first place – is the owner of the property where you were hurt. However, in order to win a negligent security case against the property owner, there are a few key factors that you must prove.
Duty of care: First, you must show that the property owner had a responsibility to provide adequate and reasonable care. This means a legal duty, not just a moral one. Duty of care is primarily for tenants and guests that an owner knows about and is rather limited for trespassers. You must also show that someone else in their shoes would have likely taken the steps to provide proper security that they did not, meaning that any reasonable person would have kept you safe. By not doing so, the property owner was not acting reasonably.
Break of care: Once duty of care has been established, you must then show that it was broken. For example, if you showed that the owner of a mall had a duty to take care of you and, if they cut back on security patrols and surveillance, you suffered a violent attack, you could state that they broke their duty of care.
Proof of causation: However, the property owner just breaking their duty of care does not mean you have an open and shut case. You must also be able to prove that that break of care resulted in your damages, whether that be broken property, injuries, lost wages, or emotional trauma.
Clear damages: Finally, the damages that you suffered must be evident. In cases of negligent security, you may be awarded damages of phycological trauma, pain and suffering, a lowered quality of life, medical bills, or lost wages.
The Husband and Wife Law Team care a great deal about our clients. Negligent security can lead to intense trauma, and when you’re drowning in debt as a result, it may seem as though the trauma will never end. That’s why we work so tirelessly to get our clients the compensation and justice they deserve. If you have suffered due to negligent security, call us today at (602) 457-6222. We want to help.
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During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. All submissions are confidentially reviewed by Mark Breyer.
Confidentially reviewed by Attorney Mark Breyer