Raleigh Inadequate or Negligent Security Lawyer
As defined by Raleigh regulatory standards, inadequate or negligent security would be if there is a dark parking lot or a dark area of a business establishment without appropriate or sufficient security patrolling it, either on foot or by video. An individual is more likely to be injured in an attack, a criminal approach or something in that area.
A Raleigh inadequate or negligent security lawyer can review your case if you have been injured and are interested in filing a claim. It may be vital to your case to consult a distinguished premises liability lawyer about your case.
Duty of Protection
Adequate security is enough security, either by video, or by a police presence, or security presence, to ensure that there is no risk of harm to patrons. If there was something else the owner could have done like having law enforcement on standby, an adequate security force, more video surveillance in place or if all the security was provided and the crimes are still being committed, it is likely that the security was not working. It is vital to contact a Raleigh inadequate or negligent security lawyer because these scenarios are considered fact-specific.
If there has been a history of break-ins and if they had reason to know that they were being targeted, then their responsibility would be to heighten security. Their duty extends to crimes that are foreseeable based on the nature of the business or past acts. Their duty would apply in these cases if someone is injured because of the commission of a crime or something.
Targeted areas to harass or harm people could include a parking lot that is not well-lit, there are no video cameras, and predators know that. The landowner or manager has a duty to make sure that space is reasonably safe for patrons and people who would be in that area because they have a duty to protect the patrons and others who would be in that area from all of the foreseeable harms that may result.
Determining an Unforeseeable Crime
A crime could be determined to be unforeseeable if there was no prior history of attacks and if it was outside the realm of reasonable possibilities. An individual does not have to warn against anything that could possibly happen.
If there is a history of sexual assault attacks in the area and the business did not have a security force or video surveillance, more likely than not, that would be a foreseeable crime. If there is a criminal act that never happened before and there was no reason to believe it would happen today, then it is probably going to be unforeseeable.
A foreseeable crime would be something that one would or could expect to happen under the circumstances. Raleigh inadequate or negligent security lawyers have seen cases where a preventable criminal attack such as a robbery or sexual assault takes place in a parking lot or in a dark area surrounding a building.
Suing for Inadequate or Negligent Security
An injured person would sue the landowner, or the property manager, or the lessee who was actually operating the space, and then whatever greater entity may own or operate it. For example, if it is a hotel, an injured person would sue the individual hotel operator. If it is part of a larger chain, the injured person could sue the corporation as well.
Raleigh’s Statute of Limitations for these cases is three years from the date the person is injured. It is a more tenuous relationship when someone is injured, not just a defect on someone’s property where they fell and get hurt. That is a clear connection. Here the unknown human action that can complicate things.
Burden of Proof
A plaintiff needs to prove in an inadequate or negligent security case by showing that the establishment knew, or should have known, that a crime was foreseeable and failed to do anything to protect patrons from it.
Because the plaintiff always has a burden of proof in civil negligence cases it is important to consult a Raleigh inadequate or negligent security lawyer. They are bringing the action and have the burden of proof to prove that, more likely than not, the defendant’s actions were negligent. If security was adequate and there is nothing else that could have been done to prevent the commission of the crime, then it is probably not going to be a case and will be dismissed.
What Everyone Should Know
Raleigh inadequate or negligent security cases are very difficult and hard to pursue because of the foreseeability element, and what the landowner knew or should have known. It is important to contact a Raleigh inadequate or negligent security lawyer quickly to preserve any videotape, documents, or anything like that because these things disappear as time goes on. There is no charge for an initial consultation with an attorney so the injured person has proper guidance as to whether or not to pursue the case.