Getting robbed, attacked, or worse by someone can be terrifying. It can cause significant harm to the victims involved. That’s why, in many public and private places, there is an expectation that there will be reasonable measures taken to ensure the safety and security of those visiting the premises. When they neglect that duty, an Albuquerque negligent security lawyer can see that you get what you deserve
In many situations, the owners of different facilities, businesses, and other locations fail to take appropriate measures to secure their premises. If that’s the case, the victims have the legal right to seek restitution from the owners of the premises where they were attacked or robbed.
At Berenson & Associates, PC, we represent our clients to see that they are compensated, whether through a negotiated settlement or going to court if an agreement can’t be found.
When a property owner does not provide sufficient security measures to protect their guests, this would be a case of negligent security in Albuquerque, NM. Generally, these will be the kinds of properties that the public is invited to visit.
When the owners of the property fail to take reasonable measures to ensure that their property is secure, and someone is assaulted, robbed, or otherwise injured as a result of these inadequate security measures, that creates a case of negligent security.
To prove negligent security, your negligent security lawyer will have to demonstrate the ways in which the owner failed to provide adequate security and how that inadequacy created the circumstances under which you were injured.
Because negligent security is a subset of personal injury, the process for proving negligent security follows the general pattern that is established in those cases.
The first thing that your lawyer will need to show is that there was a duty on the part of the property owner to provide some level of security to those on the property. While this may sometimes be a private location, it is more often some kind of property that invites the public onto the premises, such as:
These and other similarly public locations are generally understood to have a duty to implement security measures for the benefit of patrons of these locations. In particular, there must be a foreseeable possibility of needing security in the situation. Often, this is shown by security measures already being put in place.
Once a duty to provide that security has been established, your negligent security lawyer must demonstrate how the defendant failed to live up to that duty. It’s important to note that what is required of the defendant to do may vary from situation to situation. Not every location is expected to be Fort Knox, but there is a reasonable level of security measures that are expected.
To demonstrate how the defendant failed to provide an appropriate level of security, your lawyer needs to establish exactly what security measures should have been expected in that situation.
In many cases, a failure to provide adequate security is a lapse in security measures that are already present. Examples of the kinds of things that could be considered a failure to provide sufficient security include:
Another possibility, although difficult to prove, is the idea that there should have been more vigilance in the already-established security measures. Your lawyer may be able to argue that there was sufficient reason for the property owner to have:
In these cases, your negligent security lawyer needs to prove that these things are what a reasonably careful property owner would have implemented. This might be shown by looking at standard expectations for that kind of facility and crime rates in the area. It may be helpful to call on an expert witness in security to describe what should have been done.
Lastly, your negligent security lawyer must show how the incident was the direct result of the security shortcomings on the premises. This means that, in cases where an attacker or robber is able to overcome sufficient security measures, the property owner isn’t likely to be liable.
However, in situations where better security can be shown to have likely made a difference in the outcome, then there is a good chance that they will be seen as liable due to negligent security.
The costs that you can recover for a negligent security case must be directly related to the incident. Your lawyer must prove what those costs are and their connection to the incident.
You will be able to recover the economic costs that you suffered. If property was damaged or stolen, you may be able to recover that. If you were assaulted and physically harmed, the medical bills associated with those injuries could also be included. When there are particularly serious injuries, it’s possible that lost wages from missed work, along with any future expenses, may also be paid.
Non-financial costs may also be compensated as well. Being robbed or assaulted can be a frightening experience. There can be significant psychological or emotional damage that could be the result of such an incident. These include:
These could all be compensated if it can be shown that they are a direct result of the incident. Additionally, if you were assaulted and injured, pain and suffering could also be paid out. Of course, these aren’t issues that money will solve, but they can hopefully be made more manageable by reducing other concerns.
Although rare, there are cases where you may be awarded punitive damages. These are not meant to act as restitution for you but rather as a punishment for the defendant. They are usually reserved for cases where there was some kind of malicious intent involved.
It’s unlikely to be involved in a negligent security case, but there may be circumstances where the defendant’s negligence is so egregious that the court decides that punitive damages are warranted.
It is possible that the compensation you might be awarded could be reduced by New Mexico’s system of pure comparative negligence. Under this system, the defendant is given the chance to argue that you are partially to blame for what occurred. However, they will need to prove that you hadn’t taken adequate care to protect yourself.
If they are successful, then you will be given a percentage that represents your share of fault in the incident. The financial award that you can collect will be reduced proportionately to that share. Part of what your lawyer’s investigation involves is preparing to defend against these kinds of claims.
One of the most effective things that you can do to give your negligent security claim a strong chance of success is to work with a law firm, like Berenson & Associates, PC, that has a strong understanding of the law involved and the security expectations that should be in place. Your lawyer can fulfill a number of different functions in this kind of case as they represent you.
One of the first things they can do is conduct a thorough investigation of the incident in question. A significant part of this is looking closely at the security involved as well as the kind of security that should be expected based on comparable facilities. This investigation centers on gathering:
With the evidence gathered in the investigation acting as a foundation, your negligent security lawyer can represent you in negotiations with the defendant. If, though, a settlement can’t be found, then it’s possible that the case will need to go to court. We can represent you through that process and make the case that you deserve compensation due to the security negligence of the property owner.
When we visit a place, whether it be a business, hotel, place of entertainment, or some other populated area, we generally expect it to be safe. It’s the responsibility of these locations to take reasonable measures to protect visitors to their facilities. However, sometimes things do happen. People are robbed, physically assaulted, or worse.
If that happens because the owner of a premises failed to provide adequate security measures, then you have a right to collect damages from them for the costs that you’ve incurred. Getting that compensation, though, can sometimes require filing a civil claim or at least the credible threat of filing one.
By working with the team at Berenson & Associates, PC, you can have a negligent security lawyer who understands the law. They can work with those at fault to get what you deserve or take them to court if necessary. Contact us to discuss your situation today.