Understanding Liability for Inadequate Security in Assault Claims

Image of someone with their arm in a brace looking over paperwork

Accidents on another person’s residential or business property can result in life-altering injuries. Brain, neck, spinal cord injuries, and fractures can frequently occur in premises liability cases. These injuries often result in substantial medical expenses, lost income, and a lengthy recovery process. In such cases, victims need an experienced premises liability lawyer to help hold property owners accountable for injuries caused when they neglect to implement adequate security measures.

This blog post offers a legal perspective on liability in assault and robbery claims and how negligent security attorneys in South Carolina can assist you.

SC Property Owners Have a Duty to Keep Premises Safe

Property owners in South Carolina are legally mandated to offer a safe environment for their visitors. These responsibilities include:

Regular inspections and maintenance

Property owners should consistently inspect their premises to identify and promptly address potential hazards.

Warning visitors of potential dangers

If a property owner knows about a hazard that cannot be immediately rectified, they are responsible for notifying visitors and taking precautions to prevent injuries.

Ensuring adequate security measures

Property owners must implement appropriate security measures to protect visitors from potential harm. These measures can include installing locks, adequate lighting, and surveillance systems. Additionally, owners should address any criminal activity that may pose a risk to their visitors.

Liability for Injuries Sustained in a Crime Due to Poor Security

The law can hold property owners liable for injuries sustained during a crime where inadequate security played a role. This liability applies when owners fail to fulfill their responsibility to maintain a secure environment for visitors. Property owners can include individuals, businesses, or other entities.

Note that liability depends on the circumstances of each case. To determine liability, courts assess whether the property owner’s actions or inactions were reasonable in preventing foreseeable criminal acts. If a property owner is found negligent in providing adequate security, a South Carolina premises liability lawyer can help you get justice for your injuries.

Proving Inadequate or Negligent Security

Proving negligence in a security case involves demonstrating several critical factors. First, it’s essential to establish a duty of care. This concept means that the victim was legally on the property where the incident occurred. For instance, a registered hotel guest attacked in the hotel’s parking lot must be able to prove they were a guest.

Second, the victim must prove that the crime was reasonably foreseeable based on the property owner or operator’s knowledge or objective standards. This proof may include reports of prior criminal activity or other indicators. It’s also crucial to show that the responsible party failed to fulfill their duty of care by not taking reasonable security measures, such as providing adequate lighting and security personnel.

Finally, the breach of duty must directly correlate with the victim’s injuries and related damages. For example, did the injury cause medical bills, lost income, pain and suffering, etc.? Successfully addressing all these elements of negligence can be complex, often requiring the help of experienced negligent security lawyers to gather and present the necessary evidence for court or settlement negotiations.

Damages in Premise Liability Cases

Premises liability cases encompass a wide range of potential damages for victims. These cases can include recovery of immediate medical bills such as emergency care, surgeries, and medications, as well as long-term medical expenses related to ongoing treatment and rehabilitation, such as physical and occupational therapy and psychological care.

Property damage, lost income, and additional household expenses like childcare are all potential areas for compensation. The law factors pain, suffering, and the impact on family relationships into a claim known as loss of consortium.

In cases of wrongful death due to premises liability, damages can include:

Burial expenses
Medical bills
Emotional distress
Loss of financial support
Punitive damages if the defendant’s actions were exceptionally reckless or deliberate

How a Premises Liability Attorney Can Be of Assistance

Dealing with a premises liability case can be stressful, especially when recovering from injuries. Knowing that a legal professional is handling the complexities of your case can bring victims peace of mind. These professionals will negotiate with the responsible party’s insurance company or legal team and work to secure a fair settlement for your losses.

A skilled attorney can investigate your case, examine all the facts, and delve into any history of criminal activity at the location of your injury. They’ll assess your case’s viability and file the injury claim in a way that will maximize the chances of success.