Property owners must provide adequate security to anyone lawfully on their property. This can include visitors, guests, customers, or anyone who has a right to be on the premises. If an attack occurs on the property due to inadequate security, the injured party has a right to recover damages and our Des Moines negligent security lawyer can help.
At Hupy and Abraham, our team of experienced attorneys can help clients injured due to negligent security get the compensation they deserve.
What Does Negligent Security Mean?
It is the expectation that it is safe and secured when you visit or stay at a property, whether residential or commercial. While this may be required of the property owner, it is not always the case. When there is inadequate security, a crime such as an attack can occur on the premises. The property owner can be liable for negligent security, which falls under premises liability law.
According to our negligent security attorney in Des Moines, if you suffered an injury by a third party due to a property or business owner failing to provide reasonable security, you might have a claim of negligent security against the owner and a case against the person who caused the injury. This type of case could be filed against a property or business owner if they did not take precautions to prevent an injury or attack from happening. This can be due to the owner neglecting to have the safety measures in place to prevent the potential of harm, such as:
- Not providing enough staff to discourage attackers from committing a crime that could potentially injure someone
- Having staff that are not appropriately trained to handle people who may pose a danger to guests or visitors
- Providing insufficient lighting to protect people from an attack or assault
- Not having barriers such as locks on windows or doors or fences that can prevent possible attackers from entering the premises
Types of Negligent Security Cases
There are various locations where an incident involving negligent security can occur. Incidents can not only happen in private residences but in public places as well. Locations where negligent security incidents can occur can include:
- Bars or nightclubs
- Apartment buildings
- Playgrounds and parks
- Parking lots and garages
- Gas stations
- Shopping centers
Depending on the type of property, there can be different security requirements. Some examples of negligent security are:
- Broken fences or gates that need repair
- Doors or windows that cannot be locked
- Lack of security cameras or malfunctioning camera equipment
- Hiring security guards that are not trained properly or are unqualified for the job
- Not providing enough security guards at the premises
- Inadequately lit parking lots or parking garages
- Not having an alarm system or having one that is not working properly
How to Determine if You Have a Good Case
Several elements will need to be proved to have a negligent security case. You will need to prove the following:
- You had a legal right to be on the premises
- The property owed you a duty of care
- The property owner breached the duty of care by failing to provide reasonable security
- That the property owner failed to warn guests or visitors of the potential risk of danger, and their actions or lack of actions caused your injury
Various types of evidence can be used to help prove a negligent security case, such as:
- Police reports or other documentation. Records proving that police were previously called to the property for other criminal incidents can show that the property owner knew of the risk of a possible criminal act and did not take steps to prevent another attack from happening.
- Video surveillance footage. Video can show helpful information such as who attacked you and whether or not there was security present when you were attacked.
- Photos. Photos taken at the scene of the incident can be used as evidence to show what types of security measures were in place at the time of the incident.
- Property maintenance records. Records of property maintenance can be used to determine whether or not security measures such as proper lighting or working locks were in place at the time of the attack.
- Employee logs. Logs can show where employees or security guards were working at the time of the incident.
- Witness testimony. Testimony from eyewitnesses to the attack or those who may have noticed security measures at the time of the incident can help support your claim.
How Long Do You Have to File a Negligent Security Claim?
In Iowa, a negligent security claim must be filed within the statute of limitations for personal injury cases. Typically, you will have two years from the date you were injured to file a claim. There are exceptions to the two-year statute of limitations. These include:
- Being a minor at the time of the attack and your parent or guardian failed to file a lawsuit. You will be able to file a claim once you turn 18 and will have one year to do so after turning 18.
- Being mentally incompetent at the time of the attack. This could result in you not realizing there was a crime, so you failed to file a claim. You will be able to file a claim once you are mentally competent.
- The owner of the property is in bankruptcy. If the owner is in bankruptcy, your claim may be placed on hold until the issue is resolved.
If you have no reasonable cause to miss the two-year deadline and do not fall under any of the exceptions, you will not be able to recover damages, and your claim will be dismissed. Since negligent security cases can be complicated, contact a lawyer as soon as possible to ensure you meet all filing deadlines and requirements.
Why Hire a Negligent Security Lawyer?
If you were harmed on another person’s property due to negligent security, you need to contact a lawyer as soon as possible. There may be criminal charges filed by the state against the person who harmed you. If the accused is found liable but does not have the financial resources to cover your damages, a negligent security lawyer can file a civil claim against the property owner to recover compensation.
To help support your negligent security claim to ensure you get a favorable outcome, an experienced accident lawyer can not only make sure that your legal rights stay protected but may help you with the following:
- Gather evidence that can support your claim
- Advocate on your behalf by negotiating with insurance companies for a full and fair settlement
- Reduce the chance of mistakes by following proper filing procedures
- Eliminate stress by handling all aspects of the case
- Represent you in court if the case goes to trial
If a property owner is found liable for the attack due to negligent security, you may be entitled to the following damages:
- Past and future medical bills
- Lost income
- Pain and suffering
- Out-of-pocket expenses
How to Find a Good Negligent Security Lawyer in Des Moines
When searching for a good Des Moines negligent security lawyer, you will want to look for someone with experience handling similar cases. Asking friends and family for referrals of lawyers they may have used is an excellent way to begin your search. Since most law firms have websites filled with information about their attorneys and their firm, searching online can be helpful. You may find the following information useful when deciding on what injury lawyer to use for your case:
- Look at a firm’s case results to see what types of settlements have been awarded to other negligent security clients.
- Browsing testimonials from past clients can provide insight into how satisfied clients have been when using the lawyer for their case.
- Notice what awards and accolades the lawyer was given by the community to see how they rate and what types of recognition they have received.
Once you narrow down your choices for a negligent security lawyer in Des Moines, your next step is to schedule a free consultation to answer any of your questions and see if an attorney is a good fit for you. You should always go with your gut feeling and how comfortable you feel with a particular attorney when making your final decision.
Need a Des Moines Negligent Security Attorney? Schedule a Free Consult!
If you need a Des Moines negligent security lawyer, contact Hupy and Abraham for a free, no-obligation consultation. Our experienced injury attorneys have a successful track record of getting our clients the fair recovery they deserve. To schedule an appointment, contact us online or call us at 1-800-800-5678. Request a free copy of Negligent Security: What You Need to Know About It to learn more about your legal rights and possible recovery.