Negligent Security Or Inadequate Safety Measures
Negligent Security Or Inadequate Safety Measures
Overview
Throughout the US, crime has increased exponentially in the last few years. Unfortunately, Charleston’s crime rate is more than double the US national average. Even in “safer” areas, you still must exercise caution. Nowhere is that more evident than in high-risk areas such as ATMs, parking garages and lots, and other areas with the potential for criminal activity.
Property owners have a duty to maintain a safe and secure environment for visitors and employees. This includes security and safety to prevent injury and criminal activity. Even retail and grocery stores must provide reasonable protection for their shoppers against criminal acts like assaults and robberies. Apartment, condominium, and other complex owners and managers have the additional responsibility of providing security measures to protect residents and visitors from possible harm.
WEST VIRGINIA’S PREMISES LIABILITY LAW
This is the field of law that covers personal injury on someone else’s property. Owners and managers are required to provide and maintain a safe place for customers, visitors, employees, and others. If someone is injured from something that was already known to the owner and/or manager, the injured party may have a claim under premises liability law.
Negligent security, and failing to protect visitors and others on any property falls under Premises Liability.
TYPES OF VISITORS
Your claim will depend on the reason you were there and what type of visitor you were at the time of the incident. If you were on the property legally, a “non-trespasser,” the owner owes you a duty of care and a legal responsibility to remove hazards from the property. This can include handling negligent or inadequate security that could lead to injury.
Recent changes in West Virginia’s premises liability laws mean that property owners, landlords, and others have a greater duty of care to those who use their property legally. There are no more “degrees” of people who might be on the property legally, only “non-trespassers.”
This includes residents, employees, customers, visitors, vendors, and others who are not trespassing.
Owners and landlords must ensure that the property is free from reasonable risks to all non-trespassers caused by a lack of security measures and other potentially dangerous conditions. They must repair and correct any hazards, including negligent or non-working security methods.
Property owners do not owe the same duty to anyone trespassing on their property. The law now allows owners to use “justifiable force” to prevent or deter trespassers from accessing private property when they do not have the owner’s permission.
FORESEEABILITY AND ADEQUATE SECURITY
Some places are more likely to see crime than others, even in “safer” areas of Charleston. Banks, ATMs, liquor stores, gas and convenience stores, jewelry and other luxury retailers, nightclubs, and other places that, by their very nature, call for adequate or enhanced security measures.
Negligent or inadequate security can include:
• Improperly or non-working lighting
• Damaged (or missing) security fencing
• Malfunctioning (or nonexistent) security alarms
• Security devices, such as access control, that are missing or not working, allowing unauthorized access
• Broken cameras, gates and/or locks, and other equipment
• Lack of security personnel and other measures when there are known or foreseeable dangers
• Nonworking or improperly working elevators
• Workers and employees who are not properly vetted, trained, or are absent
These hazards can result in criminal activity, such as robberies, assaults, carjackings, burglaries, and home invasions. Owners and landlords should be made aware of and correct these conditions immediately to prevent harm to someone on the property.
What’s considered “adequate” for one area may be inadequate for another. For instance, crimes at an ATM would be considered “foreseeable” since they are at a higher risk of robbery and other crimes. Therefore, surveillance cameras and other security measures would be appropriate.
Nightclubs include alcohol consumption and other potentially dangerous behaviors, leading to the possibility of criminal attacks. Because dangers are foreseeable, surveillance cameras, security personnel, silent alarms, and other measures are needed to provide adequate security for the business.
Domestic violence at a private home can mean a foreseeable action if one party is known to cause trouble or has threatened harm. Threats against a business by a customer, an employee, or a disgruntled ex-employee are also foreseeable potentials for criminal attacks.
INJURIES FROM NEGLIGENT SECURITY
Because negligent security can result in violent crimes, victims may also experience:
• Dental injuries
• Facial injuries, including eye injuries
• Fractured and broken bones
• Gunshot wounds and other weapon-related injuries
• Internal injuries
• Joint damage
• Paralysis
• Rape and sexual assault
• Scarring and disfigurement
• Severe lacerations
• Spinal cord injuries
• Stabbings
• Traumatic brain injuries
• Violent physical assault
• Wrongful death
These injuries are preventable when adequate security and other safety measures are implemented and maintained. Severe injuries can lead to expensive medical bills, lost income, permanent disability, and other financial losses.
AVAILABLE COMPENSATION FOR INJURIES
Pursuing the criminal probably won’t lead to financial compensation. If police make an arrest, they will seek criminal charges against the person. In order to get compensation, you would have to file a civil lawsuit against a person who probably has no assets to pay your claim.
But the owner, manager, or other entity in charge of the property can be held responsible for your losses, especially if their negligence led to your injuries.
You’ll file your claim with their insurance company for compensation. If they refuse to pay a fair settlement, your next step is to file a lawsuit. This is where a Charleston personal injury attorney can help.
Negligent security and inadequate safety measures make any property unsafe. The Love Law Firm can help you recover compensation after being hurt due to negligent security. We can investigate your case, file your claim with the insurance companies, negotiate with them to reach a fair settlement, and take your case to court if necessary. We will handle the legal and administrative work for your claim so you can concentrate on recuperating.
We can help you recover compensation for:
• Medical expenses
• Lost wages
• Pain and suffering
• Emotional trauma
• Punitive damages
• Funeral, burial, and other final expenses (wrongful death)
Don’t try to deal with their insurance companies on your own, or you could lose thousands of dollars that you need to take care of yourself and your family.
West Virginia allows just two years to file your claim. After that, you will lose your right to compensation, and your claim will be dismissed by the court. You must act immediately to secure your right to compensation for your claim.
Call Negligent Security Attorney Chad Love
The Love Law Firm is a personal injury law firm in Charleston, West Virginia, with extensive experience handling negligent security and other types of premises liability cases. Call us today at 304-344-5683 (or use our online contact form) to schedule your free consultation.
Your initial consultation is free. Our contingency fee arrangement means you won’t pay unless we win your case and recover compensation for you.
Phone:
(304) 344-5683
