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A Property Owner May Be Liable for Your Loved One’s Death Even If Your Loved One Was the Victim of a Violent Attack

Sometimes the consequences of inadequate security are fatal

The property owner did not attack your loved one. The property owner did not even intend your loved one any harm and may feel horrible that your loved one lost his life. Yet your loved one suffered the most serious type of injury possible after a negligent security incident.

And the Property Owner May Be Liable for Your Loved One’s Death

Each property owner or manager has the legal responsibility to provide reasonable security on his property. When the property owner or manager fails to provide reasonable security, then he may be found liable for providing negligent security, and if your loved one has died then he may also be found liable for wrongful death.

In order to be successful in a negligent security wrongful death claim, you must prove that:

  • The property owner or manager owed your loved one a duty of care. If your loved one was lawfully on the property, then the owner and manager owed your loved one a duty of care.
  • The property owner or manager breached that duty of care by failing to provide reasonable security. If the property owner failed to provide the reasonable security measures that other owners in similar locations who use their properties in similar ways would provide, then the property owner may have failed to provide reasonable security.
  • Your loved one’s death was caused by the property owner’s or manager’s failure to provide reasonable security. In other words, your loved one’s death would not have happened but for the lack of reasonable security.
  • You have standing to sue for damages. You have the legal authority to bring a wrongful death claim.

If your claim is successful, then you may be able to recover for damages including:

  • Medical expenses incurred prior to death.
  • Funeral costs.
  • Lost income.
  • Pain and suffering.

The criminal case against the person who killed your loved one may not result in any compensation for your family. Accordingly, it is important to consider whether a negligent security case may be important and to take action to protect your family’s rights.

If you have any questions about what to do during this difficult time, please contact an experienced and empathetic negligent security lawyer at any time. We would be pleased to answer your questions and to provide you with a free consultation. Simply contact us via this website or by phone at 1-800-800-5678.

Jason F. Abraham
Managing Partner, Hupy and Abraham