Negligent Security Injury Lawyers in Dallas
Premises Liability Claims
What happens when you are injured on the property of another? Many may think that there is nothing to be done about these accidents because there was no one at fault. They are accidents, after all. While this may be true, a majority of accidents that take place on the property of another are caused by a fault of some kind. When the accident is caused by the negligence or oversight of a property owner, this is a case of premises liability. One particular type of premises liability is negligent security. "Security" in these cases, is anything that is necessary to prevent harm to those visiting the premise. This could be security guards, security cameras, gates, locks and the like.
One common scenario that this type of premises liability case usually stems from is the landlord/tenant relationship. Anyone who rents an apartment or condominium knows that this structure is not always ideal. There are certain things that the landlord is responsible for executing while the tenant also has responsibilities. Here is one possible scenario of negligent security. Say this particular apartment complex had a security gate which only allowed residents and friends of residents to enter. If this gate broke and the landlord failed to fix it, and a resident was vandalized as a result, then this resident could possibly have a claim. In this same scenario, if the landlord was doing everything within their power to fix the gate then they may not be liable.
Injury While Trespassing
Another possible example of negligent security is if a business fails to secure their premises and it results in the injury or death of anyone visiting that business. This could be a bank, a retail store, a restaurant or the like. Business owners have the duty to, as far as it depends on them, protect those who are visiting their premises. The law of premises liability does not apply to those who are trespassing on property. If you are injured on the premises of another, you have to have been permitted to be there in the first place, or else this will be considered trespassing. Any injury that the person incurs as a result is their own fault. Again, the premises owner is only responsible for preventing foreseeable accidents. There is no way for a property owner to be able to expect someone trespassing. There may be exceptions, but only if "no-trespassing" signs were not properly displayed.
For premises liability cases to be valid, there has to be some sort of duty of care. Property owners owe their visitors or tenants a duty to provide security adequate enough to prevent injury or attack. This can even spill over into the realm of negligent hiring. Say a landlord hired a maintenance worker with a history of breaking and entering and other serious crimes. If the landlord did not check into their background or even if they did but failed to do anything about it, then the landlord may be held partially responsible for any wrong actions of the maintenance worker. It is not unheard of for maintenance workers to use their spare keys to sneak into apartments to commit crimes. If you have become the victim of a crime because of failed security or lack of care from a property owner, then contact us. Zinda Law Group promises to fight for the rights of the wronged in these situations, including those injured with the help of our Personal Injury Lawyers.