Whether you are visiting a restaurant, bar, concert venue or sports event, you expect that the owner of the property has done everything possible to protect your safety. But what happens when that isn’t the case? What if an angry fan picks a fight? Or some unknown third party victimizes you? In these situations, you may be able to pursue a negligent security claim against the owner of the property.
Negligent security claims are typically brought in conjunction with, or instead of a personal injury claim against the party who caused your injuries. The reason why negligent security claims are so important is because the person who caused your injuries may not have the financial resources to fairly compensate you for your accident-related expenses. However, the establishment that failed to ensure your safety likely has an insurance policy that can be used to cover these expenses.
At the law firm of Console & Associates, P.C., we handle some of the most complex and high stakes negligent security claims in the area. We command an impressive knowledge over the governing laws, which we put to use in each of our clients’ cases. When you bring Console & Associates, P.C. on to your legal team, we will take care of everything, so you can focus on your recovery and getting your life back to “normal” after the incident. We recognize that picking up the phone to call a lawyer may not sound like how you want to spend your afternoon, however, unless you do, you may be left on the hook for all your expenses–none of which should be your responsibility. To learn more about bringing a negligent security claim, give Console & Associates, P.C. a call. When you call us, we will connect you with an experienced attorney who can answer your questions and explain the process to you in clear and understandable terms. What we won’t do is pressure you or use legal jargon that adds to your confusion. If you decide to move forward with a negligent security lawsuit, we won’t bill you unless and until we can recover compensation on your behalf. That’s part of the “No Fee Promise” we make to each one of our clients.
To schedule your free consultation, just call (866) 778-5500 today.
After an act of violence, there are several types of legal claims that may come up. First is a criminal case against the person who committed the assault. Criminal cases are focused on punishing the wrongdoer for violating the law. Thus, courts overseeing criminal cases are less concerned about making a victim whole and more concerned with determining whether the defendant committed a crime and, if so, what the punishment should be.
In addition to a criminal case, anyone who was the victim of violence may have the ability to bring a civil claim against one or more parties. Civil claims do not depend on the government pursuing criminal charges and can be filed regardless of whether the government brings a case. The most obvious defendant in a civil assault case is the person who committed the assault. However, there are a few problems with these cases. First, you may have a hard time locating a stranger who committed a crime against you. Second, even if you can find them, there is no guarantee that they will have enough assets to fairly compensate you for your injuries.
A negligent security lawsuit is a legal claim filed against a property owner or other business following a violent act. Under general principles of premises liability law, property owners have a legal duty to provide reasonable protection for those who enter their land. When a property owner fails to provide for guests’ safety and a third party commits a violent act on their property, the landowner can be held liable for the victim’s injuries.
At Console & Associates, P.C., we understand the physical and psychological damage that can follow in the wake of a violent attack. We proudly represent victims of violent crime in negligent security cases through which we help them recover compensation for their damages.
Physical violence can take a tremendous toll on your life. Whether you were randomly assaulted, robbed, or subjected to sexual assault, the attack will very likely stay with you for a long time. While every case is different, some of the most common injuries we see in negligent security cases include:
This list only covers the physical injuries related to an attack. You also may be experiencing ongoing pain and a host of other emotional issues related to an attack, such as post-traumatic stress disorder (PTSD), depression, and other debilitating mental health issues.
At Console & Associates, P.C., our negligent security lawyers take a comprehensive approach to every case we handle. We begin by identifying the full extent of your damages so you know what a fair negligent security settlement offer for your situation looks like. We will diligently investigate your case, uncovering every potential theory of liability we can to maximize your claim’s chances of success.
If you were injured due to the violent acts of a third party, you might be able to bring a negligent security claim against the property owner. There is no law outlining the exact types of businesses and organizations that can be named in a negligent security lawsuit. However, most property owners owe a duty of care to their invited guests. Some of the potential types of sites and businesses against whose property owners you may be able to file a negligent security claim include the following:
The experienced personal injury lawyers at Console & Associates, P.C. have successfully obtained negligent security settlements on behalf of clients who were attacked at a wide range of businesses and events. We can help you understand how the law applies to your case and work with you to develop a compelling case for recovery.
Negligent security law recognizes that businesses and other property owners are in the best position to protect their guests from known harm because they’re the ones most likely to be aware of past crimes committed in or around the business and specific threats visitors may face. As is often the case with legal standards, there is no bright-line rule clarifying the security measures a business must take to protect its guests. However, the law imposes a standard of reasonableness; in other words, a business must provide reasonable assurance to protect against known risks.
Examples of steps that a business may take to protect guests from violent acts include:
When a business fails to provide these basic security measures, guests face a much higher chance of falling victim to a violent act. At Console & Associates, P.C., we have more than two decades of experience preparing and litigating negligent security claims. Our attorneys have a firm grasp of negligent security law and understand how to best situate your case for a successful resolution.
When you bring a negligent security lawsuit, your claim is technically against the business or event organizer, but that party’s insurance company will almost certainly be the one defending the case. Almost all businesses, venues, and events have an insurance policy to cover the business in the event of a lawsuit. Under the terms of the insurance policy, the insurance company will step in to defend the business against any claims made against it.
While the existence of an insurance policy is a good thing in that it ensures there is adequate money available to fairly compensate you for your injuries, insurance companies are accustomed to defending against these claims. Thus, it is imperative that you secure the assistance of an experienced negligent security attorney who has extensive experience handling this particular type of case. Your attorney can negotiate on your behalf with the insurance company in hopes of securing a fair negligent security settlement offer. However, if the insurance company is unwilling to fully compensate you for what you’ve been through, a skilled attorney will be able to effectively litigate your case in front of the judge or jury.
Generally, it is best to reach out to a negligent security attorney as soon as possible. The more quickly you reach out to a lawyer, the sooner they can get to work preparing your claim. The first thing your lawyer will do is conduct an in-depth investigation to locate and preserve any potential evidence that may be helpful to your case. This is critically important in negligent security cases, where there is often video surveillance that may be destroyed if not preserved by court order.
A negligent security lawyer will also locate and interview all witnesses to the attack, which is more easily done in the immediate aftermath of the attack. At Console & Associates, P.C., we realize that bringing a lawsuit after a random act of violence may not be at the top of your priority list and strive to make the process as easy on you as possible.
In theory, negligent security claims are straightforward. However, in practice, there are many roadblocks that can come up along the way, making it much more difficult to successfully bring a case than most people realize. Having an experienced negligent security lawyer on your side can make all the difference in these cases. For example, a 2014 study conducted by the Insurance Research Council found that claimants who worked with an experienced attorney recovered 3.5 times more in damages than those who pursued the claim on their own.
At Console & Associates, P.C., we understand that there are many negligent security lawyers out there who would happily take your case. And the reality is that many of them could competently handle your case from beginning to end. However, we believe that you deserve more than competence; you deserve an attorney who is unceasingly dedicated not only to your case but also to you as an individual. You deserve an attorney who will listen to what is important to you and not just rely on their own assessment of what they think is important.
At Console & Associates, P.C., our negligent security lawyers take a client-centered approach to every case we handle, taking as much time as necessary to answer your questions and listen to your concerns. That way, we can ensure that we provide you with the best legal representation we can.
Selecting a negligent security lawyer is a big decision, and you should take your time interviewing several personal injury law firms before choosing a lawyer. At Console & Associates, P.C., we will meet with you to discuss your case at no cost to you. We also have a No Fee Promise. This means that if you decide to allow us to handle your case, you won’t pay us unless and until we win your case, either by securing a negligent security settlement or a favorable jury award.
Our negligent security attorneys are here to listen and to help and will never pressure you to bring your case. We just want to make sure that you obtain the legal representation you need to effectively bring a claim against those responsible for your injuries.
Negligent security cases fall under the larger umbrella of premises liability cases. Premises liability cases are a type of personal injury claim and, thus, are subject to a strict statute of limitations. This means that, unless you file a claim within the period of time outlined in the statute of limitations, you may forever give up your right to bring a lawsuit. However, while you have time to bring a claim, it is generally better to contact a lawyer as soon as possible. That way, your attorney will have ample time to investigate the incident while evidence and witnesses are still easy to locate.
No, unlike a criminal case, a negligent security claim is not focused on proving that another person committed a crime. Thus, you can bring a negligent security claim even if the police never identified the person who assaulted or attacked you. Additionally, while criminal cases must be proven beyond a reasonable doubt, negligent security claims are held to the lower evidentiary standard of the “preponderance of the evidence.”
Lawyers’ hourly fees vary, and an hourly fee structure may not suit your needs. For example, you may have missed work and now face a constant inflow of medical expenses. This can make it difficult for anyone to pay a lawyer upfront.
At Console & Associates, P.C., we handle negligent security claims on a contingency basis. This means that we will take your case at no upfront cost to you. We will even cover the costs of litigation, such as filing fees and the expenses related to interviewing witnesses and hiring experts. Only if we are successful in obtaining compensation on your behalf will you pay us anything for our legal representation and claim costs.