Cumming Inadequate Security Lawyer

When someone else invites you onto their property, you can have an expectation that they will provide you with a reasonably safe premises. While you cannot expect an absolute guarantee that you will never be injured in an attack, the property owner must take reasonable measures to ensure your security. If not, you can sue them in an inadequate security lawsuit.

The general theory behind inadequate security lawsuits is that when a property owner has knowledge that an attack may be foreseeable, they must provide a reasonable level of security. These measures must be effective based on the specific circumstances. While the owner does not need to provide an entire police force, they must tailor the security to the level of threat.

Anyone who suffers injuries due to inadequate security should speak with our law firm right away about a possible case.

Where You May Be Injured Because of Inadequate Security

Here are some common places where inadequate security claims may arise:

• Stores
• Apartment buildings
• Restaurants and bars
• Shopping malls
• Entertainment venues
• Sports stadiums
• MARTA

Measures that Property Owners Could Take

Here are some things that a property owner may do to provide security. Whether each one or a combination of these measures is enough depends on the nature of the area and the threats faced.

• Hiring trained security guards
• Installing a security system or video cameras
• Having adequate lighting
• Putting bars on the windows
• Warning people at risk of known threats

What You Need to Prove to Win an Inadequate Security Case

These are the elements of any inadequate security case:

• You were lawfully on the defendant’s property
• The defendant failed to uphold their duty to provide reasonable security
• You were injured by the acts of a third party that were reasonably foreseeable
• You would not have been injured had it not been for the inadequate security provided (or not provided) by the defendant

You Must Prove that the Defendant Acted Unreasonably

In any inadequate security case, the key is showing that the defendant’s security efforts were unreasonable. What may be reasonable depends on the circumstances. The defendant could have a security guard on-premises, and the security is inadequate because there is a much higher risk for an incident. For example, when a team has one security guard posted at a game when fans have a track record for attacking each other, the security may be inadequate.

The same may be said when the security measures taken by the defendant are ineffective. If the security system was malfunctioning at the time of the incident, the defendant could be legally responsible for your injuries.

You Must Prove that an Attack Was Foreseeable

What is foreseeable can also change depending on the circumstances. Of course, when the establishment is in a high-crime area that has a history of attacks, there would be little disagreement that security would be necessary. Even if there has never been an attack, there are some situations in which common sense says that there may be dangers. For example, when there is a large crowd and alcohol is served, the chances are that there may be problems.

Evidence that You Need in an Inadequate Security Case

Proving an inadequate security case requires that you gather evidence about several things:

• What the defendant actually did to provide security
• What the defendant knew about the circumstances and situation
• What should have been foreseeable based on what was known about the area

There are challenges because you may have to answer subjective questions about what the defendant knew and when they knew it, requiring you to get your hands on internal communications and corporate evidence.

Damages in an Inadequate Security Case

Many inadequate security cases involve serious injuries suffered in shocking attacks when the attack victim believed that they were protected. These cases are usually against corporate defendants who have large insurance policies in place. Oftentimes, victims are seeking large damage awards because of the extensive injuries that they suffered. These are some of the damages at stake in an inadequate security case:

• Medical costs to treat the injuries
• Pain and suffering for what the victim endured during the attack and feels afterward in depression and anxiety
• Emotional trauma and distress (which can be considerable depending on the nature of the attack)
• Loss of enjoyment of life
• Lost wages for time missed from work
• If someone died in the incident, the family can seek wrongful death damages

In inadequate security cases, the victim is traumatized and dealing with the aftermath of the attack, in addition to physical injuries. Therefore, the non-economic costs can be even higher than the economic damages.

Insurance Companies Stand in the Way of Your Recovery

In nearly all of these cases, the defendant will have an insurance company who is calling the shots. This company has one goal in mind; to pay you as little as possible if they pay you anything at all. They will come up with every reason why their policyholder was not responsible for your injuries. Given the burden of proof that you have, they often lose nothing by making you work hard to prove your case. They are not in any hurry, and they only have the obligation not to act in bad faith.

You Can Always File a Lawsuit

However, the thing that you have going for you is that your ultimate legal rights are decided by a jury if you do not settle your case. Depending on the defendant’s level of negligence, the jury could have a very strong reaction to what they did. A jury may even impose punitive damages on the defendant if their negligence was extreme. This is a card that your lawyer holds in their pocket when figuring out the best strategy to handle the defendant.

Contact a Cumming Inadequate Security Attorney

If you or a loved one were injured when someone else was responsible for providing adequate security, we can help. The attorneys at Spaulding Injury Law work with you to recover financial compensation when someone else was at fault for your injury. It does not matter who is on the other side of your case. We fearlessly stand up for your legal rights. Call us today at 470 695-9950 or contact us online to schedule your free initial consultation.

Spaulding Injury Law Cumming Personal Injury Lawyers is located at 5860 Bond St, Cumming, GA 30040, United States.