Did you know that landowners and business owners have a duty to take reasonable steps to protect patrons, lawful visitors, and business invitees? This means, that while you are in their private property, this have to guarantee your safety. If you have been assaulted as a customer or visitor to a commercial property, the possessor of that property may be liable for your injuries. Now, these types of cases are more complicated than your average personal injury cases. Simply because the owner cannot be responsible for EVERY type of assault in that property. If a fight broke down between two parties, chances are that you cannot sue the company. However, if the employees could have prevented or stopped the fight and they did not, then there is a higher chance of being able to sue. Contact a Bethesda Assault Injury lawyer at Malloy Law Offices, LLC today to discuss a possible premises liability claim for negligent security.
Negligent security is an area of premises liability by which owners or tenants of a property, where a criminal injury is inflicted, may be held liable for the injured party’s losses. A negligent security premises liability claim can arise from robbery, rape, battery, or assault that occurs on a commercial or residential property. This type of lawsuit is based on the duty of landowners and tenants to offer reasonable security measures to protect lawful visitors. For example, a Walmart, CVS, or retail business at a mall may have a duty to protect shoppers from foreseeable criminal attacks. These types of cases are actually more difficult then your average personal injury case, as it is harder to proof that the company acted in negligence. Not every type of assault can be blamed on the company or its’ employees. We see often on the local news, fights that broke down in Walmart, however, that cannot necessarily be blamed on the company, however, if the bickering prior to the fight had been going on for awhile and no employee took action, which then escalated the fight then there might be a case. Robbery, rape, and battery are easier to proof and the victim has higher chances of suing.
If you have been assaulted on another property, you will need to prove certain things to win a premises liability claim for negligent security. Liability may be imposed when a crime is foreseeable and reasonably preventable. You will need to show that the criminal assault committed against you was reasonably foreseeable on the property and that the property or business owner failed to:
Premises liability is a complex legal area in general, however, even Slip and Falls are easier to proof than an assault. There are very few ways that a company can be held responsible for an assault, as proving such assault is very complex. If you have been assaulted on someone else’s property, our experienced lawyers can investigate the incident to determine how your injury occurred and whether the property owner or business had a legal duty to protect you from harm and failed in that duty. Previous criminal activity is an important factor in a negligent security claim. We can investigate to find out whether similar violent crimes have been reported to police or business management in or near the location where your assault occurred. If so, the crime should have been foreseeable and stronger measures should have been taken to protect visitors from harm. A lawyer can also request security footage, which can make or break the case, as well as track down potential witnesses (employees included). If the victim sustained injuries that caused them to seek immediate medical care and possible treatment, an attorney will help gather the medical bills and request compensation for them in addition to the compensation for pain and suffering. Should the victim suffer any long-term disability caused by the assault, a Clinton personal injury attorney attorney can also help hire an expert witness to proof those injuries were a direct consequence.
Property owners and businesses have a legal responsibility to maintain their property in a reasonably safe condition to guard against foreseeable crimes. If you have been assaulted in another property, contact or call Malloy Law Offices, LLC at (888) 291-6445 to speak with a Bethesda Assault Injury Lawyer as soon as possible.