Tucson Negligent Security Attorneys
The world can be a scary place. When walking down a dark alley or taking a detour alone at night, we all know to keep our eyes peeled for signs of danger. But when visiting the local mall, getting out of our car at a parking garage, or even relaxing on the couch in our apartment, we expect a certain level of safety. Sadly, when property owners are negligent, that safety may simply not be there.
While your attacker should certainly be brought to justice, you should never forget that a property owner may have had a part to play in your injuries as well. Talking with an experienced Tucson negligent security attorney at The Husband & Wife Law Team may be your best bet to holding the at-fault property owner liable for the damages they allowed to happen. For top-notch legal help, call our firm at our Tucson office at (520) 624-4228.
There are many ways that negligent security can manifest, and not all of them are obvious. It is a property owner’s job to make sure that their guests, whether patrons or friends, are always safe while visiting. However, not all property owners take their responsibility seriously and when they fail in their duty, guests and visitors can become seriously injured.
Common types of negligent security include:
- Lack of lighting or poor lighting in parking lots and garages
- Improperly working security cameras or no security cameras
- Unlocked gates, doors, or windows
- Broken locks on entrances and exits
- Lack of properly trained security guards
- No security alarm system
- Inadequate emergency exits
If you have been harmed as a result of any of these forms of negligence, then you may have a case against the property owner. You should always remember that no matter who actually harmed you, the owner of the property had a responsibility to keep you as safe as reasonably possible. While the criminal can be brought to justice, that does not mean that the property owner should be left off the hook. Negligent security can, and does, lead to serious injuries.
When it comes to negligent security, any injuries you sustain are not going to happen due to an accident, such as with a slip-and-fall or an auto collision. Security negligence usually leads to deliberate attacks from criminals who take advantage of a property owner’s negligence. While the injuries and emotional trauma from an accident can be catastrophic, an attack due to poor security is a completely different scenario. You may face:
- Violent attacks
- Sexual assault
- Car jackings
- Wounds due to weapon use
This sort of trauma, both physically and mentally, can follow you around for the rest of your life. While the police can bring the at-fault criminal justice, potentially even allowing for you to recover punitive damages, you should always remember who the other at-fault party is: the property owner. Whether you are in a parking garage, the mall, or your own apartment, you should be able to expect safety and security. When that right is taken from you due to carelessness, then you should hold the negligent party accountable. However, there are some factors you have to meet in order for a claim to be successful.
While you are well within your rights to hold a negligent property owner responsible for their poor decisions and your injuries, doing so is not as easy a simply filing a claim. You will need to be able to show that the property owner did not do their job in keeping you responsibly safe. In order to show this, you must prove:
Duty of care: The property owner had to have had a duty of care to you. This means that you were an invited guest or patron on their property, and not a trespasser. Those who enter a property unlawfully are not owed a duty of care by the owner.
Breach of duty: Next, there must be a clear breach in the duty of care owed to you. Perhaps a window was left unlocked. Or maybe the lights in the parking garage were out, leaving you unable to see. Maybe security guards were required but not provided. The breach can be any kind of security negligence, but that negligence must be present for a claim to be considered valid.
Causation: That breach must be the reason you were attacked or robbed, or otherwise must have contributed to the crime. If you were attacked by the front door of your apartment building, then a lock on your window being broken would not have impacted the attack at all. However, if the criminal was able to attack you because the front gate was not secured properly, then that may count as causation.
Injuries and damages caused: Finally, the crime, be it an attack or a robbery, must have resulted in some form of damages. This could include emotional trauma, medical bills, property damage, or pain and suffering. If there were no damages, then there may not be anything to claim for.
Proving negligent security can be difficult, as each of the four factors may require significant evidence. Said evidence, such as witnesses, maintenance reports, or other physical evidence, could easily disappear while you recover at the hospital. That is why you should contact The Husband & Wife Law Team as soon as possible. Our Tucson personal injury attorneys can help investigate the cause of your injuries, determine who is liable for your damages, and gather evidence that could make your case. Call us at (520) 624-4228 and find out how we can help you.
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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