Confused woman with questions about a criminal attack on someone elses property

The state may be pursuing criminal charges against the person who attacked you. That person is the one who made the decision to attack you and who directly caused your injuries.

But That May Not Be the Only Person Responsible for Your Injuries

In some cases, the person, people, or company that owns the property may also be liable for your injuries if they failed to take reasonable steps to ensure your safety.

For example, a property owner may be liable if you were attacked and:

  • There was inadequate lighting on the property.
  • The property owner did not have surveillance cameras that are typically used in such situations.
  • The property owner failed to take any other precautions that a reasonable property owner would take to prevent such attacks.

The property owner may not have attacked you directly, but may still be responsible for your injuries despite the criminal act of your attacker.

The Property Owner and Attacker May Both Be Liable

Your decision to pursue legal action against a property owner who failed to provide you with adequate security at the time of your attack in no way lets the person who attacked you off the hook. Your attacker is still legally responsible for his actions and for the harm that you suffered, but he may not be the only one responsible.

The person who attacked you and the property owner may have different claims brought against them. For example, the state may bring criminal actions against your attacker, and you may be able to bring a civil personal injury case claiming battery against your attacker. At the same time, you may be able to bring a negligent security case against the property owner, if the property owner failed to provide adequate security and the lack of adequate security contributed to your attack injuries.

While your legal case for battery may result in an award of damages, the person who attacked you may not have the resources to pay for your injuries. The property owner, however, may have insurance that would allow you to recover for your past, current, and future medical expenses, lost income, out-of-pocket costs, pain, suffering and other damages. This financial recovery may be important to your future and will not let the person who committed the attack off the hook.

For more information about how negligent security cases work, please read our free report, Negligent Security: What You Need to Know About It.

Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.