Negligent security refers to a property owner’s failure to implement adequate safety measures to protect visitors, tenants, or customers from foreseeable harm, such as criminal activity. When a property lacks proper security, it can create an environment where crimes like assaults, robberies, or other violent acts are more likely to occur.
Property owners have a legal responsibility to ensure their premises are safe, and when they neglect this duty, they can be held liable for any injuries or damages that result from their oversight.
At Dudley DeBosier, we understand the impact that inadequate security can have on injury victims and their families. If you or a loved one has been harmed due to a property owner’s failure to provide sufficient security, our experienced negligent security lawyers are here to help.
Contact us today for a free consultation.
Louisiana Law for Negligent Security Claims
In Louisiana, premises liability law outlines the responsibilities and duties of business and property owners to maintain a safe environment for those who use their premises. Specifically, this law addresses the burden of proof in negligence claims against business owners. Here are the key legal points that pertain to negligent security claims:
Business Owners’ Duty of Care
Under Louisiana premises liability law, a business owner has a duty to exercise reasonable care to keep their premises, including aisles, passageways, and floors, in a reasonably safe condition. This duty involves making reasonable efforts to prevent hazardous conditions that might cause harm.
You can easily see how premises liability law can include inadequate or negligent security. A business owner’s failure to guarantee the safety of their premises includes the failure to provide adequate security measures.
Burden of Proof in Negligence Claims
When a negligence claim is brought against a business owner for injuries, death, or loss resulting from a hazardous condition on their premises, the claimant must prove the following:
- Unreasonable Risk of Harm
- The condition on the premises, such as inadequate security, presented an unreasonable risk of harm that was reasonably foreseeable. For instance, in an area with a known history of criminal activity, the lack of security measures such as lighting, cameras, or security personnel could be considered an unreasonable risk.
- Business Owner’s Notice of Condition
- The business owner either created the condition or was fully aware of the hazardous condition, such as a lack of security, prior to the incident. If the business owner was aware of previous criminal incidents in the area or on the premises, they should have taken steps to mitigate the risk.
- Failure to Exercise Reasonable Care
- The business owner failed to exercise reasonable care in addressing the hazardous condition, such as by not implementing adequate security measures. It’s important to note that the absence of a written or verbal security procedure alone is not enough to prove a failure to exercise reasonable care, but a pattern of ignoring known risks can demonstrate negligence.
Impact on Negligent Security Claims
This section of Louisiana law emphasizes the business owner’s responsibility to maintain a safe environment and highlights the necessity for plaintiffs (the person filing the lawsuit) to establish that the business owner knew or should have known about potential hazards, including security risks. For negligent security claims, this means demonstrating that the business owner failed to provide adequate security measures despite being aware of the risks, resulting in harm to individuals on their premises.
If you believe you have a negligent security claim, consult with an experienced attorney who can help you gather the necessary evidence and build a strong case based on these legal principles.
Steps to Take After Experiencing Negligent Security
Experiencing negligent security can be traumatic and overwhelming. If you find yourself in this unfortunate circumstance, it’s important to take immediate action to protect your rights and ensure you receive the compensation you deserve. Here are some essential steps to take:
1. Seek immediate medical attention and document injuries. Your health should be your top priority. Seek medical attention immediately, even if your injuries seem minor. Documenting your injuries will serve as critical evidence in your case.
2. Report the incident to the property owner or manager. Inform the property owner or manager about the incident. They should be made aware of the negligence on their premises. Be sure to document the details of your report.
3. Gather evidence. Collecting evidence is essential in proving negligence. Take photographs of the scene, your injuries, and any hazardous conditions that contributed to the incident. Obtain witness statements if possible and check for surveillance footage.
4. Consult with a Louisiana negligent security lawyer. To navigate the legal complexities of a negligent security case, seek the guidance of an experienced lawyer specializing in this area of law. They can provide expert advice and help you understand your rights and options.
5. Understand the statute of limitations: Time is of the essence in filing a negligent security claim. Familiarize yourself with the one-year statute of limitations in Louisiana, as it determines the timeframe within which you must take legal action. Acting promptly is vital to protect your rights and maximize your chances of a successful outcome.
At Dudley DeBosier, our team of Louisiana negligent security lawyers is dedicated to helping individuals like you seek justice and obtain fair compensation for your losses. We can help you with all the necessary steps, so you can focus on your recovery.
Contact us today for a free consultation.
Navigating the Legal Process for Negligent Security Claims
Filing a negligence claim and initiating legal proceedings is the first step towards seeking justice for injuries or damages caused by inadequate security measures.
Working with insurance companies is often necessary. These companies may try to minimize their liability, but with the help of experienced Louisiana negligent security lawyers, you can navigate negotiations and work towards fair settlements that fully compensate you for your losses.
Preparing for litigation requires careful planning and building a strong case. Your legal team will gather evidence, interview witnesses, and analyze the incident’s circumstances. By presenting a compelling argument in settlement negotiations or in court, your lawyer increases your chances of obtaining a favorable outcome. Expert witnesses may also play a vital role in proving negligence and damages. These professionals bring specialized knowledge and expertise, helping to strengthen your case by providing objective opinions and analysis.
Maximizing Compensation in Negligent Security Lawsuits
In negligent security cases, it’s important for lawyers to maximize compensation for clients who have suffered harm due to the negligence of property owners or managers. Calculating damages involves considering both special and general factors.
Special damages are tangible losses that can be quantified, such as medical expenses, lost wages, and property damage. General damages refer to intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life.
The value of a negligent security claim can be influenced by many factors, including the severity of the injuries, the impact on the victim’s daily life, the extent of the property owner’s negligence, and the evidence available to support the claim. It’s vital to document all related expenses and losses to strengthen your case. An experienced negligent security lawyer can walk you through this process.
Contact Our Louisiana Negligent Security Lawyers Today
At Dudley DeBosier, we are committed to fighting for fair and just compensation for our clients. We understand the physical, emotional, and financial toll negligent security incidents can have on victims and their families. Our dedicated team will work tirelessly to build a strong case, negotiate with insurance companies, and, if necessary, take your case to trial to secure the maximum compensation possible.
Contact us today to schedule a free consultation.
For help with premises liability injury claims throughout Louisiana, we serve clients at multiple locations:
