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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.
With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.
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I was attacked at night on a property that was not well lit. Does that mean that the property owner is responsible for paying my damages in a negligent case?
In most cases property owners are required to provide reasonable security measures to people who are lawfully on their property; however, they are not compelled to provide specific types of security unless they are required to do so by government regulations, private contracts, or other specific requirements.
What is reasonable when it comes to negligent security depends on many factors, including but not limited to:
- The location of the property.
- How the property is used.
- The cost of specific security measures.
- What other similarly used properties in similar locations are doing to provide security.
It is also important to consider all of the security measures together to determine if reasonable security was in place at the time that an attack or an assault occurred.
Lighting Is Often Important
While we can’t tell you that lack of adequate lighting is always proof of negligent security, it may be relevant to your claim and it should be discussed with your attorney as soon as possible. Adequate lighting is often part of a reasonable security plan because it is a low-cost measure that deters would-be criminals from attacking or assaulting people.
If you have been attacked or assaulted, then you need to know what type of lighting was in place—and functioning properly—at the time that you were hurt. You do not want to give the property owner time to install new lighting or to fix lighting that was not working at the time that you were hurt.
Accordingly, we encourage you to save any photographs or video that you have from the time of your attack and to act quickly so that your lawyer can preserve any relevant evidence and find out the state of lighting on the property at the time that you were injured.
You can reach an experienced negligent security lawyer at any time by calling us directly at 1-800-800-5678 or by starting a live chat with us on this website.
I was recently attacked and there wasn’t a security guard or other employee around. Does that mean that there wasn’t reasonable security provided?
It depends; however, it is certainly a question that deserves an answer and one that should be investigated.
The question is whether the property owner or manager where you were hurt was negligent in the security that was provided. In order to answer that question and to determine whether the lack of security guards was a form of negligent security that contributed to your attack, you will need more information.
The Questions That Will Need to Be Answered
The overriding question is whether the property owner or manager acted reasonably in the security it provided its guests. The answer to this question will be based on all of the facts. However, some of the more specific questions that may need answering include:
- How many security guards were on duty, and where were they at the time of your attack?
- Were you in a well-lit area where you were lawfully allowed?
- Were there other security measures in place?
You may also want to know about the security practices of other property with similar uses to see if this property’s practices were reasonable when compared to the others.
How to Get the Answers to These Questions and Others
The property owner or manager may try to avoid answering your questions or giving you the information that you need unless you are represented by a lawyer, but you deserve answers.
You deserve to know if the property owner or manager should be paying for your past, current, and future:
- Medical expenses.
- Lost income.
- Out-of-pocket costs.
- Pain and suffering.
- Other damages.
You deserve to know if your attack or assault could have been prevented and who is legally responsible for what happened to you.
You deserve to have all of your questions answered and all of your rights protected. For more information on what you can do after you’ve been injured in an attack or an assault, please start a live chat with us now or call us directly at 1-800-800-5678 to schedule a free consultation with an experienced negligent security lawyer.
How should I report a negligent security attack?
Yes, if you have been attacked on someone else’s property then you should promptly inform both the police and the property owner.
Why You Should Call the Police
If you have been attacked or assaulted, then it is important to call 911 and to have the police and other emergency first responders arrive quickly. It is important to have the police come quickly so that:
- You can receive the emergency medical care that you need.
- The police can locate the person who attacked or assaulted you.
- Other people on the property can be protected.
- The assault or attack can be immediately documented by a professional police officer.
Often, 911 is the first call that should be made, but it is not the only call that is important after a negligent security attack.
Why You Should Call the Property Owner
You should report the attack the owner of the property where you were injured as soon as you are physically able to do so. If you were hurt on a commercial property or at a school then you should simply report that you were attacked. You should tell the property owner the date and time of your attack, but you should not offer an opinion as to why the attack happened—or comment on any security measures that were or were not in place.
Immediately following your attack, you may not know if the security provided on the property was reasonable or if negligent security was a cause of your injuries. You do not need this information before reporting the incident. Instead, you simply need to let the police and property owner know that you were hurt. Then, an investigation can be made into the causes of the attack and of your injuries.
We encourage you to browse our website for more tips and resources about negligent security lawsuits and to contact us directly via this website to schedule a free and confidential consultation with an experienced attorney to learn more about your potential recovery.
How long do I have to file a negligent security case in Wisconsin?
You were hurt because a property owner failed to provide you with reasonable security; however, your time to file a lawsuit is limited. Wisconsin, like other states, has a law known as the statute of limitations. The statute of limitations provides a date by which you must file a lawsuit. If you fail to file your lawsuit by the date when the statute of limitations expires, then the defense will raise that issue and your case will be dismissed without your receiving any compensation for your injuries.
The Personal Injury Statute of Limitations
According to Wisconsin Statute 893.54, most personal injury victims have three years to file a lawsuit. However, as with many laws, there are exceptions to the statute of limitations.
The Statute of Limitations May Be Lengthened
Wisconsin law allows for the extension of the statute of limitations in certain circumstances. For example, people who are hurt as minors or when they are mentally incompetent may have longer than three years to file a claim. However, the time is not unlimited and it is important to be aware of all deadlines.
The Statute of Limitations May Be Shortened
If you were hurt on city or county property, then you may be required to provide formal notice of your injury to the government within 120 days of being hurt. The failure to provide the required notice within 120 days could result in the dismissal of your legal claim.
Don’t Let a Deadline Pass
The consequence of a missed legal deadline could cost you your entire recovery. Don’t let this happen to you. Instead, contact an experienced negligent security attorney as soon as possible after your attack and let your lawyer protect your rights, make sure that all deadlines are met, and fight for your fair and full recovery.
To learn more about how negligent security cases work, please download a FREE copy of our report, Negligent Security: What You Need to Know About It, and call us at 1-800-800-5678 to schedule your free consultation.
Can I sue for negligent security in Wisconsin?
It depends on what happened.
Do You Have Standing to Sue?
You may have standing—or the legal right to bring a lawsuit—if:
- You are a legally competent adult and you were hurt in a negligent security incident.
- You are the parent or guardian of a minor child who was hurt in a negligent security incident.
- You are the guardian of an adult who was hurt in a negligent security incident.
- You are the executor of your loved one’s estate and your loved one died in a negligent security incident.
If you file a negligent security lawsuit and you don’t have standing, then the defendant will raise that argument with the court and your case will be dismissed without your receiving any financial compensation. However, if you have standing and can prove your negligent security claim, then you may be able to recover damages.
What You Need to Prove to Recover Damages
If you were hurt or have the specific relationship to the injured party as described above, then you may be able to file a negligent security case in a Wisconsin court. In order for that case to be successful, you will need to prove that:
- The property owner owed you (or the injured party) a duty of care.
- The property owner breached that duty of care by failing to provide reasonable security.
- You (or the injured party) were hurt because the property owner failed to provide reasonable care.
- You have the legal right to recover damages.
These are not easy standards to meet, and negligent security cases may be complicated. Accordingly, it is important to have an attorney working on your side, explaining how negligent security cases work, and fighting for your fair and just recovery every step of the way.
Get the Help You Deserve
If you are wondering whether you have standing to bring a case or if you would like to learn more about your claim then we encourage you to contact our experienced personal injury lawyers today for a free consultation. Our legal team is available around the clock. Simply call us at 1-800-800-5678 to learn more.
There was no fence around the property where I was recently attacked. Does that mean I have a possible negligent security claim against the property owner?
The lack of a fence around a the property may be relevant to a possible negligent security claim that you could file against the owner of the property, but this fact alone does not automatically give you the right to recover damages. The law requires that property owners keep their properties safe for their guests, but the law does not require that property owners use any specific means of security to make that happen.
Why the Lack of a Fence May Be Relevant
The lack of fencing may be important in establishing that the property owner failed to provide adequate security for the property if:
- Fencing would have likely stopped or deterred the person who attacked you from entering the property.
- There were no alternative security features in place that reasonably would be able to prevent an attack.
Thus, the lack of fencing is certainly something that you should talk about with your lawyer if you are considering a negligent security case.
How to Know If You Have a Negligent Security Claim
If you have been hurt in an attack, then you deserve to know whether or not you have a potential negligent security claim and what kind of damages you may be able to recover if you pursue such a claim.
The person who attacked you may not have the financial assets necessary to compensate you for your injuries. However, if the property owner was also liable for your injuries because the property owner failed to provide reasonable security then you may be able to recover for your past and future medical expenses, lost income, out-of-pocket costs, pain, suffering and other damages from the property owner or his insurer.
To find out more, please read our FREE report, Negligent Security: What You Need to Know About It, and please start an online chat with us now to get your individual questions answered.
I was attacked in a parking lot. The property owner and manager say it wasn’t their fault.
It depends on the specific circumstances of your attack or assault. Parking lots are common locations for negligent security incidents. If the property owner or manager failed to provide you with reasonable security in the parking lot, then he may be liable for your injuries.
How to Know for Sure
Whether you were hurt in the parking lot of your apartment building or in another lot where you were authorized to park, you should expect that the property owner or manager has reasonable security features in place to protect you. This may include, but is not limited to:
- Adequate lighting.
- Security cameras.
- A security gate or guard at the parking lot entrance.
- A fence or other barrier around the property.
While the absence of one of these things does not mean that the property owner or manager was negligent, it does mean that you should talk to a local lawyer about your rights and possible recovery.
What to Do If You’re Hurt or You Witness a Parking Lot Attack
The decisions that you made in the moments after the parking lot attack were automatic. You may have yelled for help or called 911 from your cellphone. Now, however, you may be wondering what you can do next.
In the days and weeks after the attack you can:
- Continue to make sure that you—or your friend or relative who was injured—get necessary medical care.
- Keep any pictures that you took at the scene of the attack. It may have captured more than the image of the attacker and could, for example, show the lighting and security in the parking lot.
- Talk to an attorney about what happened. You may have important information to share about the attack that hurt you or your loved one.
There may have been nothing that you could have done to prevent what happened in that parking lot, but there things you can do now to get a fair recovery.
Why You Should Find Out the Truth About What Happened
While the state may pursue a criminal case against the person who hurt you, that criminal case will not pay for any of your injuries or damages.
You may, however, have a civil case against the property owner or management company for negligent security if the owner or managers failed to take reasonably appropriate safety precautions to protect people parking in their lot.
To find out more about your possible recovery after a negligent security incident, please fill out our online contact from today.
Do I need a personal injury lawyer if I am hurt in an attack on someone else’s property?
If you were attacked on someone else’s property, if the property owner failed to provide reasonable security for you, and if you were injured, then you should contact a personal injury lawyer.
The experienced attorneys of Hupy and Abraham can evaluate your case, can negotiate with insurance companies on your behalf, can represent you in court, and can help you get the fair and just recovery that you deserve.
Don’t Rely on a Criminal Prosecution
The state may bring a case against the person who attacked you. This criminal lawsuit may hold that person accountable, but it will not result in compensation for you. Instead, you will need to pursue a civil lawsuit in order to be compensated for your past and future medical bills, lost income, out-of-pocket expenses, pain, and suffering.
The person who attacked you may not have the financial resources to pay for your damages. However, if your attack occurred because a property owner failed to provide reasonable security for you, then an attorney may be able to bring a civil lawsuit against the property owner who may have the financial resources or insurance to pay for your recovery.
Get the Help That You Deserve
Negligent security cases are often vigorously defended. Property owners may argue that it was the person who attacked you—not their negligent security—that resulted in your injury.
An attorney can help you:
- Gather evidence to build a strong case.
- Advocate for your full and fair recovery.
- Get the recovery that you deserve.
Our lawyers have decades of experience aggressively advocating for personal injury victims. We would be pleased to offer you a free, no-obligation consultation about your case so that you can make an informed decision about your future. Please start a live chat with us now or call us at 1-800-800-5678 to learn more about how negligent security cases work and about how we can help you get the recovery you deserve.
How do I start a civil lawsuit for negligent security in Wisconsin?
A civil lawsuit for negligent security begins when you file the required papers and fee in court. While you may engage in settlement negotiations with an insurance company prior to filing the documents and fee, a civil lawsuit does not begin until the official documents are received by a Wisconsin Circuit Court.
Three Things Need to be Filed Before the Deadline
Your lawsuit will officially begin when you file a:
- Summons. This is the notice to the defendant that the defendant is being sued.
- Complaint. The complaint details why you are suing the defendant and what relief you want from the court.
- Filing fee. Your fee for filing a negligent security case must accompany the summons and complaint.
All of these things must be filed prior to the statute of limitations expiring. In Wisconsin, the statute of limitations for a negligent security personal injury lawsuit is usually three years from the time you are hurt, though some exceptions may apply. If you fail to file your case before the statute of limitations expires, then the defendant may raise that issue and your case will be dismissed without you receiving a financial recovery.
Know If You Have a Negligent Security Case Before You File
Anyone can file a summons and complaint, but in order to recover damages you are going to have to prove that you have a negligent security claim. You may have a negligent security claim if you can prove that:
- The property owner owed you a duty of care.
- The property owner breached that duty of care by failing to provide reasonable security.
- You were injured because the property owner failed to provide reasonable security.
- You have the legal right to pursue a recovery in court.
If you were hurt because a property owner failed to provide reasonable security and the statute of limitations has not yet expired then we invite you to learn more about how a negligent security case works. Please contact our experienced attorneys today via this website or at 1-800-800-5678 to schedule your free, no-obligation consultation today.
I’ve heard I can recover medical costs and lost income after a negligent security attack. What about other expenses?
You can recover for any expense that was directly related to the property owner’s negligent security. Once you prove the elements of your negligent security claim, then you need to prove the value of your damages. Any expense that you have incurred or that you are reasonably likely to incur in the future because of your injuries may be compensated.
You may incur what attorneys call “out-of-pocket costs” in addition to your medical expenses, lost income and pain and suffering. Out-of-pocket costs include all of the other things that you have to pay that you didn’t have to pay prior to the accident, such as:
- Transportation costs if you can’t drive.
- Child care costs if you are unable to care for your kids.
- Housecleaning help if you are unable to clean your home.
Any other expenses that you have sustained because of your injuries may also be part of your negotiated settlement or court verdict.
Don’t Expect an Automatic Recovery
The insurance company or property owner will fight to pay you as little as possible in damages. You will have to provide clear and convincing evidence about the value of your expenses. This may include:
- Receipts, cancelled checks, or other documentation of payments that you have already made.
- Your medical records to prove why these expenses were necessary.
- Expert witness testimony to prove how long you may incur these expenses and why they will be necessary for you.
While out-of-pocket costs may not be your most significant damages in a negligent security case, they are an important part of your total recovery. You deserve to be compensated for all of the damages that someone else’s negligence has cost you. To find out more about your rights and about what you can do to protect your rights, please browse our website and our experienced negligent security lawyers directly at 1-800-800-5678 for a free consultation.