Many property owners owe a duty to take steps to make sure that those who come onto the property are reasonably safe. These property owners include entities that own apartment buildings, parking garages, shopping malls, hotels, and retail stores. In some cases, it may be necessary to provide security because there is a risk of physical violence and injuries caused by a third party. A property owner's failure to provide this security when there is a known risk can give rise to a negligent security claim, which is a type of premises liability lawsuit. At Feizy Law Office, our Dallas attorneys can help accident victims assert their right to compensation.Bringing a Claim for Negligent Security
Usually, going after an individual criminal to recover compensation for medical bills, pain and suffering, and lost wages does not yield adequate compensation. Negligent security lawsuits are efforts to hold property owners liable for criminal attacks. In order to hold a property owner liable for a rape, assault, or other attack by another person, you would need to show that the criminal conduct was foreseeable.
When criminal conduct is foreseeable, the landlord owes a duty to protect customers and employees. Reasonable steps to meet this duty include using safety precautions like adequate lighting, working locks, safe walkways, security personnel, or sufficient warnings. If the criminal conduct was totally unforeseeable, there is no duty on the part of a property owner, and no liability.
In many cases, you would have to prove that the property owner knew or should have known of prior similar criminal activity. For example, if you were mugged and beaten up in an unlighted shopping mall garage, you and your lawyer would have to look at whether there were prior similar incidents in that location. If the shopping mall is located in a place where there have been no crimes of violence in the past few years, there may not be a duty. However, if there were several assaults in the past year, it is likely that the mall owed a duty to install a security guard and proper lighting.
Many property owners are reluctant to tell tenants or customers that there is a safety risk associated with the property. They may fear that they will lose business. However, they have a legal duty to warn those who are on the premises for legitimate business reasons about known risks. For example, an apartment that pairs up roommates and discovers that a tenant has a history of violent assaults may owe a duty not to pair up that tenant with a roommate without warning.
A security guard provided for a bar or event at a major venue must be reasonably equipped to do his or her job. If a guard ignores a call for help or commits an assault him or herself, the property owner may be liable for the resulting injuries.Enlist a Dallas Attorney to Pursue Compensation for Your Injuries
If you are seriously hurt on someone else's property due to negligent security, you may be wondering how you can pay your medical bills or take time off work. It is unlikely that you will get significant compensation from the criminal, but if you were on commercial property where an act of violence should have been foreseeable, you should retain an experienced injury lawyer who has helped other Dallas residents pursue these claims. Call Feizy Law Office at (214) 651-8686 or contact us via our online form. We also represent individuals in Arlington, Irving, Garland, Fort Worth, and Plano, as well as other Texas cities.