Security Negligence Claims in Austin
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Premises liability claims rest on the idea that the owner and manager of a piece of property is responsible to all visitors in ensuring that the property is maintained in a way that promotes the safety of the visitors. This could range from their responsibility to ensure that the stairs are not broken, to cleaning up spills to prevent slip and falls. It could also include their responsibility to provide sufficient lighting and to prevent uneven pavement that could result in tripping. In general, it is considered to be the responsibility of the property owner to ensure that all measures possible are taken to prevent accident and injury.
Making Claims of Security Negligence
In some cases, premises liability could even mean that a property owner can be held liable should a violent crime or act take place on their premises. While the criminal themselves will be held responsible with criminal charges, the plaintiff can take action against the property owner should it be determined that they failed to provide visitors with an adequate amount of security detail. To successfully make this claim, it must be proven by the plaintiff that:
- The defendant had a legal duty to care for people on property;
- A crime / danger occurred that could have been foreseen;
- There was a failure to provide a reasonable level of security;
- This failure was the approximate cause of the crime; and
- The plaintiff sustained actual damage as a result of the incident
What is inadequate measures of security?
Apartment complexes, bars, retail stores and other businesses can find themselves facing a premises liability claim based on security negligence should they fail to meet reasonable expectations in protecting visitors on their premises. While it is impossible for these owners to be held accountable for every violent act and / or danger that occurs on their premises, there are incidences where they can be held liable.
For example, broken windows, failure to provide proper maintenance and having hanging fire escapes could also result in a violent act that could have been easily prevented. On the other hand, it is considered to be reasonable expectations for property owners to have security personnel if deemed necessary (for example, in bars), to have proper and working camera systems, to provide adequate lighting, have working alarms and to have a premises that is designed in a way to ensure visitors are not left vulnerable and open to attack.
Should a sexual assault, break-in, security breach, bar fight or parking lot attack occur that could have been prevented, you could have grounds to file a claim. At Zinda Law Group, we know what is on the line when we take on a case and we are prepared to go the distance in our efforts to provide you with the high-quality legal assistance that you truly deserve. Should you choose to work with our firm, you will be able to rest assured knowing our Personal Injury Attorneys will go above and beyond in their efforts to provide you with the aggressive assistance you need to protect your rights. We know what is at stake and will do everything that we can to help you maximize your recovery so that you can see that just compensation that you are owed.
