Bringing a civil claim for money damages is rarely the first thing that a victim of an attack on a commercial property thinks about. Attack victims are usually most interested in receiving medical treatment (the lucky ones that are still living, that is), and helping the police catch the wrongdoer.
We are typically contacted about a negligent security case after the shock of the initial attack has worn off. Most of the time the first thing we do is contact the commercial property owner or manager and let them know that our client has been attacked and injured (or worse.) It is always surprising how often some property managers and owners have no idea that something happened – even after having multiple police cars, EMS, and ambulances on their premises.
At the same time, we are usually doing our initial investigation which typically involves pulling criminal history records, doing a visual inspection of the commercial business’ security measures, and speaking with neighbors or other tenants about their experiences with crime on or around the premises.
After the property owner receives notice of a negligent security claim from us or our client, we usually receive contact from an insurance company, and we begin sharing information with them about our client’s theory of liability and damages.
A lot of negligent security cases end up being litigated because the commercial property owners just do not want to admit that they had inadequate security. Negligent security claims are frequently denied by property owners and managers.
Who Is The Negligent Security Claim Generally Brought Against?
Most negligent security cases will involve the property owner, itself, and many times a commercial property manager.
If the commercial property owner has hired an outside security agency, then the security firm will often be named as a Defendant. Claims against security companies are often difficulty because they almost always recommend a higher level of security than what the property manager or owner wants to pay for.
What Are The Biggest Challenges In Negligent Security Claims?
One challenge is that defendants almost always argue that our clients somehow contributed to causing the attack or injury. Defendants will often are that the injured plaintiff was not being careful enough or they did not watch what was going on around them. In some instances, that is a reasonable argument to make, but in most of them, it is a red herring.
Another challenge is the seemingly universal condition of defendants who do not want to take any responsibility at all for a criminal attack.
There is almost always finger pointing between the different defendants and between the management and security companies in negligent security cases. Negligent security cases are not as simple or straightforward as rear-end car accident cases.
For more information on Initiating a Negligent Security Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 407-254-4901 or texting us at 407-644-4444 today.