If you were a victim of a crime and were attacked, not only can the person who caused your injuries be held responsible, but the owner of the property can as well. A property owner's responsibility is to provide proper security measures on their premises. If they fail to do so and an attack occurs, they may also be held liable even if it was not their intent for you to be injured. Our proven Milwaukee negligent security lawyer at Hupy and Abraham explains more about these types of cases and how clients can get the compensation they deserve if they are a victim.
What is Negligent Security?
A case of negligent security can happen if you are injured by a third party on someone else’s property due to the property owner failing to provide reasonable security. Negligent security falls under premises liability law and if it is proven that the property owner provided negligent or inadequate security on their property, you can file a lawsuit against them.
Many people assume when they visit or reside in a residential or commercial property that they will be in a safe environment and be protected—this is not always the case. Some property owners do not take reasonable actions to keep the premises safe and secured. Property owners have an obligation to provide adequate security on their premises to keep others safe when they are there. If adequate security measures are not properly in place and an attack occurs on the property, making a person a victim of a crime, the property owner can be held responsible for negligent security.
According to our Milwaukee negligent security lawyer, even if the property owner feels that they took the necessary steps to keep their property secured and other parties safe, if you have sufficient evidence to prove otherwise, they can be liable for the injuries or loss you suffered due to inadequate security.
Types of Negligent Security Cases
Negligent security cases can result from incidents that happen on various types of premises. Not only can negligent security incidents occur at privately owned properties, but they can happen at public properties as well. Property owners have the duty of care to keep people on their premises safe. An owner who has a lack of reasonable security measures in place can put visitors at their property at risk of a violent crime or attack.
Examples of Places Where Negligent Security Incidents Can Occur
- Apartment buildings
- Parking garages
- Parking lots
- Gas stations
- Hospitals or medical centers
- Shopping centers
Negligent security can be the result of a property owner simply not providing sufficient security measures, such as having apartment doors or windows that lock. They can also occur due to the owner not having enough security cameras in place to monitor the property and grounds.
Examples of Causes of Negligent Security
- Having security guards that are not trained properly
- Not providing enough security guards at a given location
- Security cameras not being watched
- Poorly lit parking lots or parking garages
- Not repairing gates or fences that are broken
- Not having an alarm system at the property or having a malfunctioning alarm system
What is Needed to Prove Negligent Security?
According to our Milwaukee negligent security lawyer, to have a case of negligent security against a property owner, you will need to prove that you were lawfully at the premises where the incident occurred and was owed a duty of care by the owner of the property. You will also need to show that the property owner breached their duty of care by failing to provide reasonable security, which led to your injury.
Various Types of Evidence That Can Be Used to Help Prove a Negligent Security Case
- Police reports or other documentation that shows how frequent law enforcement was previously called to the property in question for similar crimes or incidents or that proves a property owner was aware of prior criminal activity.
- Video surveillance that can provide information on the crime, such as whether or not security was present at the property during the time of your attack.
- Photos that were taken at the scene of the incident that show what security measures were in place when you were injured.
- Records of property maintenance to determine whether or not locks, lighting, and other measures were in place or properly working at the time of the incident to show that the owner was aware of problems that could have been fixed to prevent the incident from occurring.
- Logs and information on the employees or security guards to determine who was working at the time of the incident as well as their qualifications.
- Witness testimony from those that may have seen the attack or noticed security measures that were missing or not working at the time of the incident.
How Do You Start a Negligent Security Lawsuit?
In Wisconsin, a civil lawsuit for negligent security begins when you file the required papers and fees in the circuit courts. Just because you may have already engaged in negotiations with the owner of the property, an insurance company, or the property owner’s attorney, it does not mean that you have begun the process of an official lawsuit. There are certain requirements that must be met in order to start the process. You also will want to make sure that your lawsuit is filed in the proper court. If you pursue a Milwaukee negligent security case, it would need to be filed in the Wisconsin circuit court in Milwaukee County. The circuit courts have jurisdiction over civil and criminal matters in the state, including those about negligent security.
Your lawsuit will officially begin when you file the following:
- Summons that notifies the defendant that they are being sued.
- Complaint that meets the requirement of the court and details the reason you are bringing forth a lawsuit against the defendant along with what type of recovery you are seeking.
- A filing fee must be paid to file a negligent security case and will be sent along with the summons and complaint.
How Long Do You Have to File a Claim?
There is a certain amount of time to file a claim for a negligent security case. In Wisconsin, the statute of limitations for a negligent security lawsuit is three years from the time of injury. If you fail to file within the statute of limitations, your case will be dismissed and you will not be able to pursue a financial recovery.
A Few Exceptions to the Three-Year Statute of Limitations
- The amount of time may be extended in certain situations, such as if the person injured was a minor or mentally incompetent. Under these circumstances, the amount of time may be extended to longer than three years.
- The amount of time may be shortened if the incident occurred on city or country property. In these types of cases, you will be required to file a formal notice to the government within 120 days of being injured. If you do not file within this time frame, then your case could be dismissed.
It is important to file your claim within the legal deadline, or you could risk a financial recovery. Consulting with an experienced negligent security lawyer in Milwaukee can ensure you meet the required deadlines and follow the proper procedures for filing a claim.
Why Hire Our Milwaukee Negligent Security Lawyer
Negligent security cases can often be a challenge. There may be a criminal case against the person who attacked you, but this may not cover the damages you have experienced. You will want to make sure you have a trusted attorney on your side if you wish to move forward with a civil lawsuit for negligent security. Since many property owners may not agree that their actions resulted in your injury but it is the person who attacked you that should be responsible, proving liability can be difficult. Hiring our Milwaukee negligent security lawyer can help with your case to get you the outcome you deserve.
How Hiring a Negligent Security Lawyer in Milwaukee Can Help
- Protecting your legal rights and ensuring proper procedures are followed when filing a claim.
- Gathering evidence to build a strong and solid case against the negligent owner.
- Advocate on your behalf for a fair recovery.
If it is determined that a property owner failed to provide reasonable security and as a result, you were injured or attacked, you may be able to recover damages.
Damages You May Be Able to Recover From a Negligent Security Lawsuit
- Past and future medical bills
- Lost income
- Pain and suffering
- Out-of-pocket expenses
Our Experienced Milwaukee Negligent Security Lawyer Has a Proven Track Record
Our Milwaukee negligent security lawyer at Hupy and Abraham has the experience to handle your case. We can offer a free, no-obligation consultation to discuss your case. To schedule an appointment with one of our experienced lawyers, start a live chat with us now or call us at 1-800-800-5678. We also invite you to request a free copy of Negligent Security: What You Need to Know About It to learn more about your legal rights and possible recovery.