Answers to Your Questions About Negligent Security

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  • How should I report a negligent security incident in Illinois?

    Alerting the proper people is essential after a negligent security attack

    You may have already reported your negligent security incident. If you haven’t, then it is important to know how to report it and what to say.

    Two Calls You Need to Make

    As soon as possible after you are hurt, it is important for you to contact the…

    • Police. In most cases, you should call 911 to have the police and other first responders sent to the scene of your attack or assault. This will allow you to get immediate medical help, it will allow the police to secure the scene to prevent other injuries, and it will allow the police to investigate what happened. You may or may not immediately suspect that negligent security was a cause of your injury. If you do notice any lack of fencing, inadequate lighting, or other type of negligent security, however, then it is important to mention those facts to the police.
       
    • Property owner. You should notify the property owner and let him know that you were injured on the property. You should include the date, time, and location of your attack or assault. This will allow the property owner to notify his insurance company. However, you should not offer an opinion as to the reason for the attack or assault.

    Additionally, you should talk to an experienced negligent security attorney about your rights and about how to protect them. Your lawyer will make sure that the property owner has the necessary information at the right time and that all other notifications are made in a timely manner so that our right to a fair recovery is protected.

    If you would like to schedule a free consultation with a negligent security lawyer, please start a live chat with us now or call us anytime at 1-800-800-5678. Additionally, you can learn more tips and resources for negligent security cases by downloading a free copy of our report, Negligent Security: What You Need to Know About It.

  • Who has the legal authority to file a negligent security case in Illinois?

    You must have standing to sue in order to bring your negligent security claim to court

    The legal authority to bring a lawsuit in court is known as “standing to sue.” It is important to know whether you may have standing to sue after a negligent security incident, because if you do not have standing than the defendant will ask the court to dismiss the case—and that request will be granted.

    Do You Have Standing?

    In Illinois, a person has standing to file a personal injury lawsuit if one of the following things are true:

    • You were the one injured by the negligent security. Assuming that you are a mentally competent adult, you have the right to bring a lawsuit for your own injuries.
    • You are the parent of a child under the age of 18 who was injured in a negligent security incident. As your child’s parent and legal guardian, you have the right to bring a negligent security case on behalf of your child.
    • You are the legal guardian of a mentally incompetent adult who was hurt in a negligent security incident. As the legal guardian of someone over the age of 18, you may have the right to bring litigation on that person’s behalf and to protect that person’s recovery of damages.
    • You are the administrator of the estate of someone who died because of negligent security. As the estate’s administrator, you have the right to bring a wrongful death lawsuit. Any recovery that is made in settlement negotiations or in court will become the property of the estate and distributed accordingly.

    If any one of these things applies to you then it is important to learn more about how a negligent security case works in Illinois and about how to take the necessary steps to protect your fair recovery. You can get started right now by browsing the free resources available on our website and by contacting our experienced lawyers any day of the year at 1-800-800-5678. We are always available to help you make important decisions and to help you protect your recovery.

  • How do I officially start a negligent security case in Illinois?

    Filing a lawsuit in court begins the first steps toward your negligent security recovery

    “Officially” is one of the key words in this question. While you may try to negotiate a settlement of your negligent security claim either directly with the property owner or with the property owner’s insurance company, those negotiations do not mean that you have officially started a negligent security case in the state of Illinois.

    Instead, Your Case Officially Begins When You File a Lawsuit in Court

    Your case must be filed in court according to the rules of the court and before the statute of limitations has expired. In Illinois, you need to file the following with the court in order to bring a civil personal injury case, such as a negligent security case:

    • A complaint. The complaint details the reasons why the defendant provided you with negligent security, how that negligent security led to your injuries, and what damages you are seeking from the court.
    • A summons. The summons provides the defendant with notice that he is being sued. The summons may be served through the sheriff’s office or—in limited circumstances—through certified mail.
    • A filing fee. This fee will depend on the amount of damages that you are seeking in your case.

    These forms and an updated list of filing fees are available from the clerk’s office in your county’s Circuit Court.

    You Don’t Have to File on Your Own

    Instead, if you have significant damages, then it is important to schedule a free consultation with a local personal injury lawyer before you file your case. An attorney who is experienced in negligent security litigation can draft a complaint for you, begin your case before the statute of limitations expires, and fight for your full and fair award of damages.

    To find out more about how a negligent security case works in Illinois or to schedule your free consultation with an experienced lawyer, please call us anytime at 1-800-800-5678.

  • How long do I have to file a civil case for negligent security if I’ve been attacked in Illinois?

    The Illinois legal system allows you only a limited time to bring your negligent security claim to court

    If you were injured in an attack on someone else’s Illinois property and the attack could have been prevented had the property owner provided reasonable security, then you may have the right to file a civil negligent security claim.

    However, Illinois, like other states, limits the amount of time that you have to file a case. If you fail to file a case before the statute of limitations expires then you may be unable to make a legal recovery.

    Generally, the Illinois statute of limitations for a personal injury claim is two years.

    This Statute of Limitations Applies to Negligent Security Cases Unless an Exception Applies

    While you typically have two years to file a claim, there are exceptions to this general rule. The law extends the time that you have to file a case if:

    • You were under the age of 18 when you were hurt and your parent or guardian failed to take action on your behalf.
    • You were mentally incompetent at the time that you were hurt and were unable to make decisions.

    In either of these cases, you should speak to an experienced attorney as soon as possible because your time to file a claim is still limited.

    Don’t Wait Until the Statute of Limitations Is About to Expire

    While Illinois law allows you to wait two years to file a case, it does not require you to wait two years. Instead, it is important to take action as soon as possible so that the evidence in your case is more readily available and so that you can recover damages sooner.

    Please download a copy of our free book, Negligent Security: What You Need to Know About It, to learn more about how a negligent security case works, and please call us directly at 1-800-800-5678 at any time to get your questions answered or to schedule a free, no-obligation consultation.

  • I’m a renter in Illinois. Am I responsible for the security of my own apartment unit or is my landlord?

    You may both bear some responsibility for the security of your own apartment, and if you’ve been attacked in your apartment it is important to know who may be responsible for what.

    Generally, your landlord is responsible for providing you with a safe and secure place to live. This may include, for example:

    • Window and door locks that work.
    • Windows and doors that close all the way.
    • Lighting in the hallway or common areas.
    • Limiting entry into the building to residents and guests.
    • Anything else included in your lease agreement.

    If any of these things were not provided, or if other reasonable security measures were violated and you were injured as a result, then you could have a negligent security claim against the owner of your apartment building. However, such a claim may not be successful if you did not do your part to maintain your own safety. For example, if you left your door wide open or failed to lock your ground level window, then your landlord may not be liable.

    Since both you and your landlord have some responsibility for the security in your apartment, it is important to think carefully about what allowed the intruder into your apartment unit. Was it because of something that you did or was it because of the lack of security that your landlord should have provided? You deserve an honest and accurate answer to this question so that you can get the recovery that you deserve.

    If you would like our legal opinion about what caused your injury, please contact us today via this website to schedule a free consultation. We promise to tell you the truth and to do what we can to help you get the recovery you deserve.

  • I was hurt in a hotel room in Chicago. Could negligent security be in issue even though I was hurt in a private room and not in a common area?

    Yes, you could have a negligent security claim against a hotel if you are hurt in your room rather than in the lobby, restaurant, gym, or other common area. That said, the evidence necessary to pursue a negligent security case may be different if you are attacked in your room.

    Things to Think About

    As you think about whether or not you have a negligent security claim, it is important to consider:

    • Whether you knew your attacker and whether you invited that person into your room. If it was a friend or relative who hurt you after being invited into your room, then the hotel might not be liable for your injuries.
    • The quality of the lock on your door and whether it was locked at the time of your attack. If the door lock did not hold when someone tried to get into the room, then that could be relevant to your claim.
    • Whether you were able to call for help and how long it took for help to arrive. Did you call the front desk before or during your attack? Who responded, and how long did it take to get assistance to your room? This could also be relevant to your claim.
    • Whether the hallways were well lit and if there was an employee on duty at the front desk. These factors could be relevant because the absence of adequate lighting and hotel employees on duty could make an attack more likely.

    The person who attacked you may not have the resources to pay for your injuries, but the hotel and its insurer likely do. Accordingly, it is important to consider whether you have a potential negligent security claim and to take action to protect your rights, if it is appropriate to do so.

  • I was assaulted in a Rockford shopping mall parking lot. Is the mall responsible for my bills?

    If you were injured in a crime, the owner of the property where the crime occurred may be responsible for your injuries, but it depends on the circumstances of the assault.

    In general, business and property owners are responsible for making sure that visitors to a property are safe from physical harm. This means that the parking lot should be well lit and free of ice and snow that could cause slips or falls. If the mall is in a high-crime area, it may also mean warning customers about the possibility of crime or hiring security guards to protect customers as they go to their cars.

    In order to file an Illinois negligent security claim, you must be able to prove that the mall owners knew there was a danger and that they were negligent in their duty to protect their customers. If you can prove negligence, you may be able to claim compensation for your medical bills, lost income, pain and suffering, and property damage.

    Five Steps to Take After a Crime in Rockford

    • Call 911 to report the crime.
    • Get medical attention for your injuries.
    • Get the names and contact information of witnesses or those who helped you after the crime.
    • If possible, use your cell phone to take pictures of the crime scene, your injuries, and any property damage.
    • Contact an attorney who handles negligent security cases.

     

    The owners may act fast to prevent you from filing a negligent security claim. Do not sign any documents without first discussing them with an attorney.

    Business owners know that Rockford has a high crime rate. This means that they have a duty to protect their customers. If you were injured in a Rockford parking-lot attack, you may be able to file an Illinois negligent security claim. To learn more, contact Hupy and Abraham and ask to schedule a free case evaluation.