Premises Liability Violations
San Antonio Negligent Security Lawyer
In the busy city of San Antonio, Texas, residents and visitors alike expect to feel safe and secure when they step onto various properties, whether they are public or private. Unfortunately, this isn’t always the case. Negligent security measures can lead to a variety of accidents, injuries, and violent crimes leaving victims with physical, emotional, and financial burdens. At Janicek Law, we understand the importance of holding a negligent business or property owner accountable for their responsibility in maintaining a safe premises for visitors. Below, our legal team will explore what negligent security is, what constitutes negligent security, common locations of negligent security lawsuits, how to prove a negligent security claim, why you should consider contacting a San Antonio negligent security lawyer, and so much more.
If you have suffered catastrophic injuries, emotional trauma, and financial instability related to a violent attack on someone’s property, you may have grounds to file a negligent security lawsuit. This is especially true if the incident occurred due to inadequate security measures. Property owners should be held accountable for failing to protect their visitors’ safety, and violent crime victims should recover compensation for all medical costs, lost wages, pain and suffering, and other damages. Call 210-366-4949 to schedule a free consultation at our law firm today.
What is Negligent Security?
Negligent security falls under the umbrella of premises liability law, a legal theory that holds property owners responsible for injuries that occur on their premises due to negligence.
Negligent security means that a property owner or manager failed to provide reasonable and adequate security measures to protect individuals on their premises. These security measures are necessary to prevent foreseeable dangers, such as violent crimes, that could harm visitors or patrons. Failure to fulfill this duty may result in a negligent security lawsuit if someone is injured due to inadequate security.
What is Considered Negligent Security?
The most common examples of negligent security cases include those caused by broken or inadequate lighting, lack of security cameras, broken door locks, and lack of security guards.
Broken or Inadequate Lighting
Insufficient lighting on a property can create the perfect environment for criminal activity, especially at night. Dimly lit areas can conceal potential threats, making it difficult for individuals to identify hazards or escape dangerous situations. Property owners have a responsibility to maintain adequate lighting to ensure the safety of their visitors.
Lack of Security Systems
Modern security systems, including surveillance cameras, alarm systems, and access control measures are essential for deterring or catching criminal activity, as well as ensuring the safety of those on the property. Negligent security claims may arise when property owners fail to install or maintain these security systems, and someone becomes injured or killed as a result.
Broken Door Locks
Faulty or broken door locks can compromise the security of a property, making it easier for dangerous individuals to break in. Property owners must promptly repair or replace damaged locks to prevent unauthorized entry and potential harm to residents.
No Security Guards
In certain high-risk locations, such as shopping malls, apartment complexes, or entertainment venues, having security personnel on-site can be crucial to maintaining a safe environment. The absence of a security guard or inadequate staffing levels may constitute a negligent security case.
Common Locations of Negligent Security Lawsuits
Negligent security claims can arise in any location, but they are most popular at locations such as apartment complexes, shopping centers, nightclubs, bars, hotels, and parking lots and garages.
Residents and guests of apartment complexes may be vulnerable to violent crime if the property lacks proper security measures. Every apartment complex should have security cameras, unique codes or keys to entrances, properly working door locks, and alarm systems.
Crowded malls and shopping centers can be hotspots for criminal activity if security measures are not in place or are inadequately maintained. Many of the biggest shopping centers in the San Antonio area need a security guard placed at every entrance or high traffic areas.
Nightclubs and Bars
Drug and alcohol use at busy party venues, like nightclubs and bars, can create the perfect opportunity for crime. It’s not uncommon for sexual assaults, shootings, and assault and battery to occur in these settings. That’s why it’s so important for nightclubs and bars to have all proper security measures, including police officers or security guards on the premises.
Hotels and Motels
Hotels and motels can also be the perfect environment for criminal acts to occur, such as robberies, homicides, and even sexual assaults. A hotel property owner should exercise reasonable care by creating the safest possible environment for their visitors.
Parking Lots and Parking Garages
A poorly lit or unsupervised parking lot or parking garage can be particularly dangerous if security measures are not implemented. Criminals can easily break into and rob vehicles or hide behind objects in order to surprise a victim with an attack.
Schools and Universities
School is already stressful in and of itself. The last thing students need to worry about is whether they are safe on campus. Universities must protect their students and deter crime by having adequate security, such as surveillance cameras, properly functioning door locks, campus police officer presence, adequate lighting, and more.
Does Negligent Security Apply to Private or Public Property?
Negligent security claims can apply to private, public, government, or commercial property. All property owners have a duty of care to provide a safe environment for those who enter their premises.
On private property, such as shopping centers or apartment complexes, the property owner or manager can be held individually liable for negligent security. In the case of public property, like government buildings or public parks, government entities as a whole may be held responsible if they failed to provide adequate security measures.
Common Negligent Security Injuries
Negligent security incidents can result in various types of injuries, including:
- Assaults: Victims of violent crimes may suffer catastrophic physical injuries – such as traumatic brain injuries, spinal injuries, broken bones, lacerations, etc. – as well as long-term emotional trauma.
- Robberies: Those subjected to robberies on a property with negligent security can experience serious injuries as well, on top of financial losses.
- Sexual Assaults: Sexual assault victims may endure sexually transmitted infections, major injuries, and post-traumatic stress disorder (PTSD). Many sexual abuse victims also suffer a variety of long-term psychosomatic issues such as gastrointestinal distress, substance addiction, eating disorders, sleeping problems, headaches, and so much more.
- Shootings: Violent attacks involving firearms can lead to life-threatening injuries, leaving victims with significant physical disabilities and deformities as well as emotional scars.
- Property Damage: In addition to physical harm, victims of negligent security incidents may also incur property damage or theft. They may lose their cars, their electronic devices, cash, credit cards, and other valuables.
Possible Liable Parties in a Negligent Security Lawsuit
If a crime occurred on a specific piece of property, it can be difficult to determine who owns that property, especially without the legal counsel of experienced negligent security lawyers at Janicek Law. For example, if you were robbed in a parking lot near an event center, you may initially think that the event center owns that parking lot as well. But depending on the circumstances surrounding your robbery, as well as the exact location of the parking lot, there may be a completely separate parking lot owner.
We can closely analyze the details of your negligent security case and help you determine who should be held liable for your damages. Possible liable parties can include any property and business owners, government entities, building managers, building lessees, or even security guards.
Proving a Negligent Security Claim
To successfully prove a negligent security claim, the plaintiff must establish several key elements of negligence:
- Duty of Care: The property owner, business owner, or other responsible party had a legal duty to provide reasonable security measures to protect visitors from foreseeable criminal acts.
- Breach of Duty: The property owner failed to exercise this duty of care by failing to implement or maintain adequate security measures.
- Causation: The breach of duty directly led to the plaintiff’s injuries and financial losses. The injuries must be a foreseeable consequence of the inadequate security.
- Damages: The plaintiff must provide evidence of the damages they suffered as a result of the negligent security incident. This may include medical bills, lost wages, and pain and suffering.
- Foreseeability: The criminal act that caused the injury must have been foreseeable. This means that the property owner should have reasonably anticipated the risk and taken steps to prevent it. For example, vehicle robberies in busy parking garages is certainly a foreseeable risk. Therefore, the property owner owed it to their parked visitors to have adequate lighting, surveillance cameras, and police officers on the premises.
Proving negligence in a security case can be complex, and it often requires the expertise of experienced negligent security attorneys who can gather evidence, interview witnesses, and build a compelling case.
Negligent Security Damages
When a plaintiff prevails in a negligent security claim, they may be entitled to various types of damages, including:
- Medical Expenses: Compensation for past and future medical bills related to the injuries suffered.
- Lost Wages: Reimbursement for income lost due to the injury, including wages missed during recovery.
- Pain and Suffering: Damages for physical and emotional pain and suffering experienced as a result of the incident.
- Property Damage: Compensation for damage to personal property that occurred during the negligent security incident.
- Rehabilitation and Therapy: Coverage for ongoing medical treatment, rehabilitation, or therapy required for physical and emotional recovery.
- Wrongful Death: In cases where a victim dies as a result of negligent security, surviving family members may pursue a wrongful death lawsuit. Damages for this type of lawsuit include funeral expenses, burial expenses, loss of financial support, and loss of consortium.
A San Antonio negligent security attorney at Janicek Law can help you accurately calculate the exact amount of damages you have suffered and help you obtain a fair settlement from the negligent property owner.
Texas Statute of Limitations for Negligent Security Claims
In Texas, like in many states, there is a statute of limitations that sets a deadline for filing a negligent security claim. Generally, the statute of limitations for personal injury claims, including those related to premises liability violations such as negligent security, is two years from the date of the incident. This means that you have a limited window of time to initiate legal action after suffering injuries due to negligent security.
Failing to file a lawsuit within the statute of limitations period can result in the dismissal of your claim, making it crucial to act promptly if you believe you have a negligent security case. Don’t wait – call San Antonio negligent security attorneys at Janicek Law to get started on your claim today.
Call a San Antonio Negligent Security Lawyer Today
If a piece of private or public property in San Antonio had inadequate security measures which led to a criminal attack, injuries, and financial losses, then it’s essential to seek legal representation as soon as possible. At Janicek Law, our team of experienced attorneys specialize in all sorts of premises liability violation cases, including negligent security cases, and are dedicated to helping victims obtain the maximum compensation they deserve from the responsible party.
Each negligent security attorney at our law firm will conduct a thorough investigation, gather evidence, and work diligently to build a strong case on your behalf. We understand the physical, emotional, and financial toll these incidents can take on victims and their families, and we are committed to advocating for your rights.
Call 210-366-4949 to schedule a free consultation with a San Antonio negligent security attorney at Janicek Law today. We are here to provide you with the legal guidance and support you need to pursue justice and hold property owners accountable for their negligence. Don’t wait; let us help you on your path to recovery.