Trusted Virginia Negligent Security Attorneys

Personal Injury Lawyers in Virginia Beach, Richmond & Portsmouth

All property owners are legally required to take reasonable measures to protect visitors from crime. When they do not take proper safety measures and a visitor suffers crime-related injuries, the property owner could be liable for damages.

If you were robbed or assaulted on someone else’s property, the negligent security attorneys of Breit Biniazan can fight for justice. Though these cases are fairly complicated, we have the legal expertise to help you navigate the process of proving liability and demanding recoveries.

Call the negligent security attorneys of Breit Biniazan at (855) 212-8200 for a free, confidential case evaluation.

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What Is Negligent Security? 

Property owners have a duty to ensure their property is safe before welcoming guests. Should a hazard exist, they must communicate this to visitors. This responsibility is known as premises liability.

Most people associate premises liability with slippery floors or uneven sidewalks. However, commercial and residential property owners must also take reasonable measures to protect visitors from crime.

Reasonable steps to prevent crime include:

  • Equipping buildings with functional windows, doors, and locks
  • Checking backgrounds of employees 
  • Staffing the facility with security personnel 
  • Providing ample lighting in parking garages
  • Erecting a fence or security gate

If a property owner fails to take reasonable measures and a visitor suffers crime-related injuries, the injured party may have grounds for a negligent security claim.

Negligent Security Statute of Limitations 

A statute of limitations indicates the amount of time a victim has to file a personal injury claim after the respective injury. In Virginia, plaintiffs have two years from the date of injury to pursue litigation. Though two years seems generous, gathering evidence to prove negligence is time-consuming.

With this in mind, we recommend contacting an experienced negligent security attorney, like those at Breit Biniazan, as soon as possible.

Damages You Can Receive in a Negligent Security Case

When an innocent victim is robbed in a dimly-lit parking garage, they lose much more than their wallet or phone – they lose peace of mind. That’s why the attorneys at Breit Biniazan fight to recover all possible damages for clients.

If you suffered an injury because of negligent security, you may be entitled to compensation for:

  • Medical expenses
  • Hospital bills
  • Lost wages
  • Property damage
  • Physical pain and suffering
  • Emotional distress
  • In some cases, punitive damages

Determining Liability for Negligent Security Cases

Just because you suffered a crime-related injury does not mean you have grounds to sue the property owner. To build a successful negligent security claim, your attorney must prove:

1. Duty of Care

As previously mentioned, a property owner has a responsibility to maintain a safe property. This is called their “duty of care.” To pursue a negligent security case, your attorney must prove that the property owner owed you a duty of care.

2. Breach of Duty 

Your attorney must also prove that the property owner breached his or her duty; more specifically, your lawyer must demonstrate that the property owner knew or should have known about a dangerous condition on their premises. In short, the criminal activity had to be “foreseeable.”

3. Causation

Thirdly, your attorney must prove that the property owner’s breach of duty directly contributed to your injury. This can be challenging for some legal teams. However, at Breit Biniazan, we have the support of industry professionals who can help us build a compelling case.

4. Damages 

A plaintiff in a negligent security case must also provide evidence of legally recognized harm. Damages may include medical bills, lost wages, or emotional distress and must be connected directly to your injury.

What Is Foreseeable Criminal Behavior?

A key consideration in a negligent security case is whether or not the crime was “foreseeable.” A foreseeable crime is one that a reasonable person in the property owner’s position would consider likely.

To determine foreseeability, a court may review:

  • How frequently law enforcement had been called to the property
  • The nature of previous crimes (i.e., violent or nonviolent)
  • The timing of previous crimes (i.e., whether they happened soon before the plaintiff’s injury)

Contributory Negligence

In personal injury cases, Virginia uses the concept of contributory negligence – meaning if a plaintiff was even 1% responsible for an accident, they cannot receive compensation.

The defendant’s attorneys will try to manipulate this clause. To avoid paying damages, they will claim that you contributed to the accident. Fortunately, Breit Binaizan’s attorneys know how to outsmart these cunning tactics.

Liable Parties in Virginia Negligent Security Cases

Though the criminal assailant is the primary party liable in your negligent security case, the owner of the premises may also be culpable. Common third parties implicated in negligent security cases include:

  • Bar or restaurants
  • Hotels
  • Gas stations
  • Factories
  • Schools and universities
  • Parks and playgrounds
  • Hospitals
  • Apartment buildings
  • Shopping centers
  • Massage parlors

No matter how complicated your case is, the attorneys at Breit Biniazan will fight to hold the responsible parties liable for your injuries.

What to Do If You Have Been Injured Due to Negligent Security

Being the victim of a crime is understandably terrifying. Your first priority should be to get to safety and assess your injuries. From there, you should:

1. Call 911

Since negligent security cases involve a criminal act, you must file an incident report with the police. While the police are still on the scene, be sure to request a copy of the report. 

Also, remember not to apologize. In any interactions with the property owner, witnesses, law enforcement officers, or insurance companies, it is important to not admit culpability.

2. Take Photos

Using your phone, snap pictures of your surroundings at the time of injury. Photos illustrate the poorly lit conditions of a parking garage or the broken locks on a security gate. Collecting witness contact information is a good idea, as well.

3. Contact a Negligent Security Attorney  

After a traumatic event, you need the help of a negligent security attorney to sort through the facts. An attorney can help you build a compelling case and ensure that you receive the justice you deserve.

Breit Biniazan: Your Virginia Negligent Security Attorneys

At Breit Biniazan, we believe innocent people should not pay for the mistakes of others. That’s why you will not pay a single cent until we win your negligent security case and recover the damages you so rightfully deserve.

In negligent security cases, plaintiffs often go to battle against billion-dollar corporations and conniving insurance companies. These defendants will do everything in their power to repudiate blame. Fortunately, the award-winning team at Breit Biniazan has the knowledge and experience to dominate in the courtroom.

Get the justice you deserve by calling our expert Virginia attorneys at (855) 212-8200 for a free, confidential case evaluation.

Virginia Negligent Security FAQs

What is the difference between a premises liability claim and a negligent security claim?

Though negligent security is a type of premises liability, there are some important distinctions between the two. In a typical premises liability case, the plaintiff is seeking damages because a dangerous condition on the property (e.g., slippery floors, uneven sidewalks, toxic fumes) caused their injuries. Comparatively, in a negligent security case, the plaintiff is seeking damages because of the wrongdoings of a third party like a burglar, assault, or mass shooter.

Can you sue for negligent security?

Yes, if you were injured on someone else’s property because they failed to take reasonable measures to prevent crime, you can sue for the damages.

Who is responsible for an injury in a negligent security case?

Obviously, the assailant is responsible in situations involving robbery, assault, and other crimes. However, the property owner is also responsible for maintaining a standard of care by taking reasonable measures to prevent crime. When they fail to take these measures (or communicate their failure to guests), they are liable.

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