PREMISES LIABILITY AND SECURITY NEGLIGENCE
Our personal injury attorneys can provide you with the guidance you need to get through a complex negligent security case. With OSHA reporting more than 2 million injuries related to workplace violence each year, these claims are a common occurrence. Such cases arise as the result of violence at work, as well as in situations where a property owner has a duty to protect you from other dangerous third parties.
A CLOSER LOOK AT PREMISES LIABILITY
Premise liability law is based on the idea that property owners or renters are obligated to ensure that the premises are safe for visitors and guests. When the owner/renter breaches this obligation, he or she can be held liable for all damages that occur as a direct result of slip and falls or other accidents.
Understand that the obligation of property owners to make their premises safe depends on the purpose of the visit or the reason you, the plaintiff, has been invited onto the property.
To determine the obligation, or “duty” as it is called in legal terms, visitors are grouped into 3 categories:
- Invitees are owed the highest duty of care. These include people at a grocery store or other place of business who were “invited” to do business with the property owner/renter.
- Licensees are owed an intermediate duty of care. These include people such as friends, acquaintances and neighbors who are invited over for casual visits that benefit both the visitor and property owner/renter.
- Trespassers are also owed a duty of care, albeit minimal. These are people who go onto land uninvited. Property owners generally have an obligation to avoid setting traps for trespassers, but if property owners create an “attractive nuisance” (something dangerous that draws people onto a property, such as a swimming pool), then the property owner’s duty increases.
HOW A SLIP AND FALL LAWYER CAN HELP
A premise liability attorney can help you to prove negligence in these kinds of cases by collecting evidence from the accident scene and gathering relevant documents, such as maintenance records. Your attorney can also help prove your right to compensation, which may include:
- Medical costs
- Lost wages
- Pain and suffering
- Mental distress
Fighting for compensation after an injury on someone else’s property will not be easy if you lack the help of a premises liability lawyer because the following will need to be proven:
- the level of duty that the property owner/renter owed you;
- that the duty was breached and that the property owner/renter should thus be considered to have been negligent;
- the negligence directly caused injury; and
- the injury led to some financial or physical loss that you should be compensated.
Negligence security or negligent security cases arise under a legal doctrine called “premises liability law.” Under premises liability law, property owners and managers, as well as those in control of a property, have a legal duty to protect people on that property from harm.
This means not only protecting people from cracked tile that could cause a slip-and-fall, but also protecting people on the premises from dangerous or harmful acts done by third parties.
EXAMPLES OF NEGLIGENT SECURITY CASES
To determine whether a property owner/manager should be liable for negligent security, it must first be determined whether the property owner/manager owed a duty to the person who was injured.
Some common examples of situations where a duty exists include:
- owners of properties open to the public or of properties where guests are invited in, such as storeowners who open their stores up to customers;
- landlords who rent property to tenants; and
- employers who operate a place of business and invite employees to come to that place of business to work.
If a property owner/manager did owe a duty, it next must be determined if the duty was breached. A duty is breached when the property owner/manager was less careful in providing security than would have been reasonable in the situation. Finally, it must be determined that the breach of duty – the negligent security – directly led to injury.
When you prove negligent security, you may be entitled to compensation including:
- medical costs;
- lost wages;
- pain and suffering, which is compensation for physical pain; and
- emotional distress, which is compensation for mental suffering such as if you develop PTSD as a result of the accident or injuries.
Wolf & Pravato are personal injury attorneys with experience in all types of premises liability cases. If you or a loved one has been injured in a swimming pool accident or a child was injured by a negligent daycare worker, contact us for a free case evaluation.
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