Negligent Security Attorney in Louisville209 East Main Street, Suite 400
Louisville, KY 40202
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Louisville Negligent Security Lawyer
Negligent security cases are not uncommon in Louisville. The year 2022 has already had its fair share of negligent security cases, some of which have ended in the tragic loss of lives. To put things into perspective, in April 2022, a Bullitt County woman filed a lawsuit against the owner of a popular restaurant where her husband of 25 years was killed in 2022, allegedly due to negligent security. Another lawsuit was filed against a Louisville nightclub for alleged negligence, leading to the death of a bartender.
These are just some examples of some major cases that rocked the city in the last few months. From these cases, one thing is clear—negligent security is a serious issue in Louisville. So if you or your loved one has been injured due to someone else’s negligence in this city, you do not have to travel this journey alone. Instead, you need to contact an experienced negligent security lawyer in Louisville.
At Morgan and Morgan, we might be able to fight for you or your loved one. Get in touch with us for a free case evaluation.
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How Do Negligent Security Cases Work?
Negligent security is a legal principle that holds a party responsible for failing to provide adequate and reasonable security, causing harm to another party. Negligent security falls under premises liability law.
What Is Premises Liability?
Premises liability refers to a legal concept that holds one party responsible for injuries other parties sustain on their property. For example, when a tenant gets injured at a residential property due to a landlord’s negligence, the landlord might be held responsible under premises liability law. Therefore, negligent security is a subcategory of premises liability.
Does Negligent Security Cover All Types of Injuries on Someone Else’s Property?
No. Just because you got injured on someone else’s property does not necessarily mean you have a valid negligent security case against the property owner or occupant. Instead, the specific circumstances of your case will determine whether you may proceed with a claim or lawsuit against the other party.
Although the property owner or occupant must ensure that the property is safe, it is also your responsibility to protect yourself from obvious harm. Therefore, if you intentionally got injured, the other party could use this as a defense against you.
That brings us to the next question.
What Are Some Possible Defenses Against Negligent Security Claims?
When you file a negligent security claim or lawsuit, the other party has a right to defend themselves, just as you have a right to take legal action against them. Some possible defenses against negligent security claims include:
Knowledge of the Dangerous Condition
The defense could claim that you knew about the dangerous condition before the injury but did not avoid it when you should have. If they can prove this, then chances are you will not be eligible for compensation.
Presence of Warning Signs
Suppose the defendant had set up clear warning signs about the dangerous condition. In that case, you may not have a valid claim if you ignored these signs.
No Responsibility Over the Property or Situation
The defense could also claim they had no responsibility or control over the property or situation. This explains the importance of hiring an experienced negligent security attorney to review the specifics of your case and determine the exact party responsible for your injuries.
Expired Statute of Limitations
You cannot file a negligent security lawsuit against the defendant if the statute of limitations for bringing such a lawsuit against them has expired. To avoid finding yourself in such a situation, contact a negligent security lawyer in Louisville as soon as possible.
Lack of Legal Presence
You may not be able to hold the other party accountable for your injuries if they claim that you were at the scene of the injury illegally. However, an experienced attorney can help you challenge this claim with facts, not assumptions.
Lack of Evidence
When it comes to negligent security, the burden of proof is usually heavier on the plaintiff. This means that you are legally responsible for proving the other party’s negligence and how they caused your injuries. Again, a seasoned attorney can help gather strong evidence to prove your claim.
How Do You Prove Negligence in a Negligent Security Lawsuit?
Since negligence is the key factor in these cases, it is usually the subject of debate between both sides. To prove negligence, you must demonstrate that:
- The incident was foreseeable; and
- The defendant could have avoided it by taking the right steps, but they did not.
These two elements must seem pretty straightforward on paper, but in reality, they are not, especially without an attorney’s help.
How Long Do I Have to File a Negligent Security Lawyer in Louisville?
In Louisville and the rest of Kentucky, you have only a year from the date of the negligent security incident to take legal action against the defendant. If you miss this deadline, you will lose your right to sue, even if the other party was negligent. This further explains why it is important to contact an experienced negligent security attorney immediately after the incident to begin working on your case.
Are There Exceptions to the Deadline?
Yes, the deadline for filing negligent security lawsuits may be extended in rare circumstances. For example, if the other party intentionally concealed information that could potentially prove their negligence, you may be able to petition the court to grant you a deadline extension.
However, this is usually a complex process, and there are guarantees. Working with an experienced attorney significantly increases your chances of obtaining favorable results. This is because the attorney understands how to navigate these complex processes to help you hold the other party accountable for their actions or inactions and secure the compensation you need and deserve.
What Role Can an Attorney Play in a Negligent Security Case?
There are so many ways an experienced attorney can help if you or your loved one has been injured due to negligent security. Here is an overview of the many different ways an attorney might be able to help.
Evaluate Your Case
Having your case reviewed by an experienced attorney is vital. It helps determine whether you have a valid claim against the other party. This is because negligent security cases are full of twists and turns. What you may consider a valid case might not be valid from a legal standpoint. A seasoned attorney understands how negligent security laws work at the state, county, and city levels and how they apply to your specific situation.
Gather Crucial Evidence
Suppose you have a valid case against the other party. If so, your attorney can help gather crucial evidence to strengthen the case. Remember, the other party could use a lack of evidence as a defense against your claim. To avoid this, the attorney will ensure that you have strong evidence, increasing your chances of obtaining favorable results.
In addition, keep in mind that these cases are time-sensitive. The longer you take to contact an attorney, the more complex it is to collect evidence while it is still fresh and relevant.
Some negligent security cases are straightforward, while others are not. For example, regarding liability, more than one party could be held responsible for your damages. You can count on a competent attorney to help identify the party responsible for your injury.
Assess Your Injuries and Damages
To receive compensation, you must have suffered injuries and damages. But how do you tell the value of your injuries and damages? You should not worry about that when a Louisville negligent security lawyer fights for you. The attorney will assess your injuries and damages and calculate the settlement you may be eligible for.
Create a Legal Strategy
This is usually one of the most underrated yet important reasons to hire an attorney. The legal representative usually has a plan to pursue your case. For example, knowing when to file a claim or when to hold back could be the difference between recovering a reasonable settlement or nothing. An experienced attorney can help create the right strategy to pursue compensation based on the unique circumstances of your case.
File a Claim
Filing a claim usually involves complex paperwork, strict deadlines, and other legal hurdles. You can count on your lawyer to help navigate these processes and file a claim with the liable party.
Your attorney can also represent you throughout the settlement negotiation process. Keep in mind that they will always have your best interest at heart. Unlike insurance companies that only care about protecting their pockets, the attorney’s goal is to ensure you win a reasonable settlement that will make you feel ‘whole’ after the injury.
Filing a Lawsuit
Although most negligent security cases settle in court, some do not. So if the other party refuses to negotiate a reasonable settlement out of court, your attorney can file a lawsuit on your behalf. And, if you win, the other party might be required to settle the legal expenses and attorney fees.
What Should I Look for in a Negligent Security Lawyer in Louisville?
Since negligent security cases are quite common in Louisville, you will likely encounter many attorneys or law firms in this city claiming to offer the legal representation you need to win. But certain factors are worth considering before choosing a particular lawyer to represent you.
Specifically, you need to ask the following questions:
- How long have they been practicing negligent security law in Louisville?
- Do they have the resources to fight for you?
- Can they represent you in court if the other party refuses to settle?
- How many similar cases have they won?
- What is their success rate in winning cases in general?
At Morgan and Morgan, we can fight for you or your loved one if injured due to someone else’s failure to provide reasonable security. The same applies if you have lost a loved one due to negligent security.
Why Morgan and Morgan?
Morgan and Morgan is the largest personal injury firm in Louisville and the entire country. This alone tells you everything you need to know about our reputation and capacity to handle your case. Securing the services of an attorney from the largest injury law firm in the country gives you the confidence you need to fight back. It also sends a strong statement to the other party about your intentions to fight for your right to compensation.
Our firm boasts powerful legal resources. For this reason, we do not settle for less like other companies do because they cannot access the resources they need to build a strong case.
Keep in mind that there is a huge chance that you will be seeking compensation from an insurance company. These companies make billions as profits and can afford some of the best attorneys to defend them. Therefore, you need an even playing field, and that is where the importance of powerful legal resources comes in.
We have been fighting for our client’s rights since 1988. Over the years, we have recovered over $15 billion as compensation for different injuries. Our attorneys have faced big insurance companies and small ones in the fight for compensation. For this reason, we cannot be bullied into settling for less than what you truly deserve.
Ready to get started with your negligent security claim? Tell us about your case. We might be able to help you fight back to protect your rights.