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Evansville Negligent Security Lawyer
Premises liability laws in Evansville, Indiana, allow injured individuals to file a claim or lawsuit against the party responsible for their injuries. To do this, the injured party must establish that the property owner or occupant was negligent. This is usually the most challenging part of filing such claims.
At Morgan and Morgan, we have handled numerous negligence cases in Evansville and throughout Indiana. For this reason, we understand how difficult it can be to prove that you or your loved one has been injured due to someone else's negligence. But that's exactly why we are here to help. Our seasoned personal injury attorneys can fight for you or your loved one.
In addition, we constantly receive questions about negligent security cases in Evansville and throughout the state. For this reason, we have answered some of these questions below. However, it's important to note that this is not legal advice; if you need to have your case reviewed by a professional negligent security lawyer in Evansville, fill out our free case evaluation form.
Morgan & Morgan
What Is Negligent Security?
Negligent security is a legal concept that holds one party responsible for failing to provide adequate security, leading to another party's injury. In most cases, such injuries occur due to the negligence or carelessness of the at-fault party.
Who Is Responsible for Negligent Security?
The party responsible for negligent security depends on the specific circumstances of the case. The at-fault party could be a landlord, tenant, security agency, or anyone else. If you or your loved one has been injured due to negligent security, it is advisable to speak with an experienced attorney.
The attorney will review your case and identify the party responsible for your injuries. Bear in mind that in some cases, more than one party might be responsible for your injuries.
What Are Some Examples of Negligent Security?
Some examples of negligent security include:
- Failure to provide adequate lighting or any lighting at all
- Untrained security guards
- Lack of security guards
- Failure to clear obstructive materials, such as debris, from emergency exits
- Failure to fix or replace malfunctioning security equipment
- Failure to provide security, such as surveillance cameras and alarms
- Failure to repair or install fencing, gates, or locked doors
However, it is important to note that for the above examples to count as negligent security, there should be a valid case of injuries sustained as a result. In other words, you cannot file a negligent security claim or lawsuit against the other party without proof of injuries (and damages). More on that shortly.
Why Sue the Property Owner if Someone Else Committed the Crime?
Although the property owner or occupant might not have directly committed the crime, they usually owe the victim a certain duty of care. And if they breach this duty, leading to your injury, then that action in itself amounts to negligence. Keep in mind that the goal of a premises liability lawsuit or claim is not to punish the other party with jail time or anything along those lines.
Rather, it helps victims of negligent security secure the compensation they need and deserve to “feel whole” again after the injury. The term “feeling whole” means restoring the victim to the condition they would have been in before the injury.
Another thing you need to know is that property owners or occupiers usually have some form of insurance to protect them from these claims or lawsuits. Therefore, since a negligent security lawsuit or claim aims to seek financial compensation, you want to go for someone who can actually compensate you for your injuries.
To put things into perspective, let's say someone slips and falls down a flight of stairs at their apartment complex due to inadequate lighting. In that case, that individual might be able to sue the property owner for their injuries. The property owner, through their insurer, will compensate the injured individual for the damages sustained after the slip and fall incident.
What Places Are Prone to Negligent Security?
Negligent security cases can occur in many different places. Common examples include:
- Residential properties
- Commercial properties
- Parking garages
- Social events
- Nightclubs and bars
How Can I Prove Negligent Security?
You must prove four key elements to file a successful negligent security claim. These elements include:
Duty of Care
This means that the property owner or occupier owed you a duty of care. For example, when you are a tenant at an apartment complex, the landlord owes you a duty of care. In other words, it is their duty to set up reasonable security measures to protect you from injuries caused by negligent security. For instance, their job is to ensure that the apartment's parking lot is well-lit to protect you and your loved ones from injuries.
However, note that just because someone is a landlord or responsible for a particular property (such as a tenant, business owner, or property management company) does not mean they owe you a duty of care. Instead, your status at the property determines whether or not the other party owes you a duty of care. So, for example, the landlord might not owe you a duty of care if you got injured while trespassing on the property. And if they do, it will not be the same as what they owe their tenants regarding protection from injuries.
Breach of Duty of Care
You must also prove that the party that owed you a duty of care branched this duty. This is the whole point of filing a claim or lawsuit. A breach of duty of care is what amounts to negligence.
Injuries Sustained Due to Breach of Duty
You will need to prove that you got injured due to the other party's breach of duty of care. Common examples of injuries in these cases include:
- Head, shoulder, and knee injuries
- Back injuries
- Internal injuries
Lastly, you must prove that you suffered damages from the injuries sustained. Damages refer to the losses caused by injuries. In this case, you may be able to recover economic and non-economic damages.
Economic damages cover the financial losses you suffered due to the injury. Examples include medical expenses, the cost of medical equipment, the cost of hiring a caregiver, lost wages, lost earning potential, etc.
On the other hand, non-economic damages refer to the non-monetary losses you suffered due to the injury. Some examples include pain and suffering, loss of enjoyment of life, emotional distress, permanent disfigurement, etc.
Do Negligent Security Laws Apply to Private Properties?
Negligent security laws apply to public or private properties, just as long as the other party was negligent and you suffered injuries and damages due to their negligence.
How Long Do I Have to File a Negligent Security Lawsuit in Evansville?
You have up to two years from the date of the injury in Evansville, Indiana, to file a negligent security lawsuit against the other party. If you fail to take legal action within two years, you may not be able to do so after the deadline expires.
What Are Some Possible Defenses in Negligent Security Cases?
When you file a negligent security lawsuit, the other party has a right to defend themselves. At Morgan and Morgan, we have dealt with countless defenses against negligent security lawsuits.
Some common defenses include:
- The defendant did not owe the plaintiff a duty of care. This mostly happens if injuries occur due to illegal activity, such as trespassing.
- The plaintiff was aware of the danger involved.
- The defendant had warned the plaintiff against the dangerous condition.
- The statute of limitations for filing the negligent security lawsuit has expired.
- The defendant was not aware of the dangerous condition that injured the plaintiff.
- The plaintiff was partly responsible for the accident.
It is worth noting that Indiana applies the modified comparative negligence legal doctrine when determining fault in a personal injury case. Therefore, the plaintiff cannot recover compensation if they are found to be more than 51 percent responsible for the injuries they sustained.
What Are Some Negligent Security Laws in Evansville I Should Know?
Other than the legal doctrine of comparative negligence, here are some important laws you should know about negligent security laws in Indiana.
Suppose you get injured on someone else's property due to negligent security and decide to take legal action against them. In that case, your status at the property will determine whether or not the defendant owes you a duty of care.
Under Indiana negligent security laws, the plaintiff can be:
This refers to an individual who enters a property for business reasons or because they have been invited as a member of the public. For example, you are an invitee when you go shopping at the mall.
This refers to someone who visits a property with permission. A photographer is a good example of a licensee under premises liability law.
As discussed earlier, this is an individual who is at the property without permission.
Although it is illegal to trespass in Indiana, the property owner must refrain from intentionally injuring the trespasser. They must also avoid increasing the possibility of harm to the trespasser.
Indiana laws require property owners to take steps to prevent foreseeable injuries, especially those involving third parties. For example, if the property owner knows or should know that there is an increase in crime rates in that particular area, the law requires them to take reasonable measures to protect tenants. For example, installing security cameras and lights in dark alleys can help reduce crime rates or prevent them altogether.
Do I Need a Negligent Security Lawyer?
The truth is that negligent security cases are complex. There are so many ifs and buts when it comes to these kinds of cases. The last thing you want is to lose a valid claim because you failed to prove the other party's negligence or understand how the law protects you in certain situations.
This happens a lot. Many victims of negligent security end up sinking into debt due to piling medical bills, loss of wages, and other damages. But what if we told you that hiring a negligent security attorney could potentially help you recover the compensation you are entitled to?
To answer this question, yes, you need an attorney. An experienced negligent security lawyer in Evansville can:
- Review your case to determine whether it is valid.
- Investigate the injury to determine liability.
- Collect crucial evidence to strengthen your case.
- Fill out crucial legal paperwork on your behalf.
- Access the injuries and damages sustained.
- Determine the amount of compensation you may be eligible for.
- File a negligent security claim on your behalf.
- Represent you during negotiations with the liable party.
- File a lawsuit in court if the other party refuses to settle out of court.
Where Can I Find a Negligent Security Attorney in Evansville?
Look no further than Morgan and Morgan if you need an experienced, compassionate, and understanding attorney in Evansville to fight for you.
How Can Morgan and Morgan Negligent Security Attorneys Help?
Morgan and Morgan is the largest personal injury firm in the country. For over 30 years, we have been fighting for the rights of individuals injured due to negligence. And that's not all—we've recovered over $15 billion in compensation for our clients in different cases.
The best part is that you do not need to pay us anything upfront to handle your case. We can fight for you if you have a valid claim against the other party.
Not sure if your case is valid? No problem. Fill out this form for a free assessment!