Negligent Security – Assault And Battery

With a commitment to excellence and a deep-rooted passion for justice, Breit Biniazan Personal Injury Attorneys continues to champion the cause of those affected by negligent security, ensuring their voices are heard and their rights upheld in legal proceedings.

Understanding The Term “Negligent Security”

Negligent security pertains to situations where a property owner fails to provide adequate security measures, leading to harm or injury caused by criminal activities such as assault and battery. In these cases, the property owner may be held liable for damages resulting from their negligence in ensuring a reasonably safe environment for visitors or patrons.

Types of Assault and Battery

Assault and battery encompass a range of intentional acts causing harm or fear of harm to another person. Assault refers to the threat or attempt to injure someone, while battery involves the actual physical contact resulting in harm. These can occur in various settings, such as public spaces, commercial properties, or residential areas.

Elements of Negligent Security Claims

To establish a negligent security claim, several elements must be present. These include demonstrating that the property owner owed a duty of care to ensure reasonable security, breached that duty through inadequate security measures, directly caused or contributed to the harm suffered, and resulted in measurable damages to the victim.

Establishing Duty of Care

Property owners owe a duty of care to provide a safe environment for individuals on their premises. This duty involves taking reasonable steps to prevent foreseeable criminal activities, such as installing proper lighting, employing security personnel, implementing surveillance systems, and maintaining secure entry and exit points.

Breach of Duty by the Property Owner

A breach of duty occurs when a property owner fails to fulfill their obligation to maintain a reasonably safe environment. This breach may involve insufficient security measures, ignoring previous security incidents, or neglecting necessary maintenance or upgrades to prevent criminal activities.

Causation and Damages in Negligent Security Cases

Proving causation in negligent security cases involves demonstrating that the property owner’s breach directly led to the assault or battery. The victim must show the extent of damages incurred, including physical injuries, emotional distress, medical expenses, lost wages, and other relevant losses.

Building a Strong Case: Gathering Evidence

Gathering evidence is crucial in building a strong negligent security case. This may involve obtaining incident reports, surveillance footage, witness statements, police records, and expert assessments to establish the property owner’s negligence and its link to the assault or battery.

Expert Witnesses and Their Testimony

Expert witnesses, such as security consultants or law enforcement professionals, can provide valuable insights and testimony regarding security standards, crime prevention strategies, and the property owner’s failure to meet these standards. Their expertise strengthens the case and supports claims of negligence.

Settlement Negotiation Strategies

In many instances, parties may opt for settlement negotiations to resolve negligent security claims outside of court. Attorneys skilled in negotiation can employ various strategies to secure fair compensation for victims, considering the extent of damages, liability, and potential future expenses.

Pursuing Legal Action: Lawsuits and Court Proceedings

When negotiations fail to reach a satisfactory resolution, pursuing legal action through lawsuits becomes necessary. During court proceedings, attorneys present evidence, testimonies, and arguments to establish the property owner’s negligence and seek appropriate compensation for the victim’s damages.

Breit Biniazan Personal Injury Attorneys specialize in representing victims of negligent security cases involving assault and battery. With a deep understanding of the legal complexities involved, they strive to advocate for their client’s rights and secure the compensation they deserve for the harm suffered due to inadequate security measures.

Contact our negligent security attorneys today.