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Was a Lack of Security to Blame for Your Loved One’s Death?

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Failure to provide reasonable security can be grounds for a wrongful death lawsuit

Your loved one was in the wrong place at the wrong time. Unfortunately, the price that she had to pay for her bad luck was her life. As you grieve, you may be wondering whether reasonable security measures were in place and, if they were not in place, whether reasonable security measures could have saved your loved one’s life.

Security Can Make an Important Difference

Property owners should provide reasonable security on their property. What is “reasonable” depends on the use of the property, the location of the property, and any security risks that are known or should be known. For example, a bar in Milwaukee might need a security plan that is significantly different than a grocery store in a rural part of Wisconsin. However, each business owner might consider whether…

  • Security staff is needed and how the staff will be trained.
  • There is adequate lighting, fencing, and other physical security measures on the property.
  • There are procedures in place in case of a security emergency.

A case-by-case determination about reasonable security must be made after considering the unique facts of each incident.

Who Is Liable for Your Loved One’s Death?

When a property owner fails to provide reasonable security then the property owner may be liable for any injuries that result from an attack or assault on the property. The person(s) who committed the attack or assault may also be liable under a separate cause of action.

If your case is successful against the property owner is successful, then you may be able to recover damages including:

  • Medical expenses. All of your loved one’s health care costs from the time of the incident until the time of death may be included in your recovery.
  • Funeral costs. This includes all costs related to the service, burial, and cremation of your loved one.
  • Lost income. Any income that your loved one likely would’ve earned from the date of the incident until the date of his anticipated retirement may be compensable.
  • Pain and suffering. Your loved one’s pain and suffering and your family’s loss of society and companionship may be included in a recovery.

You can expect that the property owner (or his insurance company) will put up a vigorous defense to your negligent security claim. You should be prepared to set forth a solid case and to advocate for your full recovery after this type of wrongful death. Our experienced wrongful death lawyers can help you fight for a fair and just recovery. Please reach out to us via this website or by phone to schedule a free consultation as soon as possible.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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