Charleston Negligent Security Attorney
When you visit a business, whether it’s a restaurant, store, or apartment building, you have the right to be safe. Business owners and property managers have a duty to maintain adequate security. Negligent security claims can arise after people are injured on someone else’s property or business. These claims fall under negligence and/or premises liability law, making the argument that there should have been more security or better security. Property owners and businesses have a duty to ensure people are safe from highly traumatic injuries caused by:
- Drunk and unruly customers
- Assault and Battery
- Rape
- Robbery
- Manslaughter
- Overly-aggressive security guards
Any violence has the potential to cause lasting physical, mental and emotional effects. Injuries from assaults may include broken bones, broken teeth, bruises, black eyes, cuts, and scratches. In some cases, physical injuries may be mild, with serious emotional trauma. Victims may suffer mental health issues like depression, anxiety, panic attacks, substance abuse and PTSD. Whether physically or emotionally injured, or both, being the victim of negligent security is extremely difficult to navigate.
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Attorney Mark Bringardner has seen firsthand how clients have experienced violence due to inadequate security, and how important it is to ensure these events are not repeated. He is serious about aggressively litigating negligent security claims, and holding businesses responsible when crimes or injuries could have been prevented. These negligent security cases shine a spotlight on what can be done to protect customers and ensure future crimes do not happen. Another important element in a negligent security claim is the damages element. Victims may be entitled to compensation for medical care and treatment expenses, mental health care and counseling, lost earnings or loss of earning capacity, and pain and suffering.
Who is Responsible For Third Party Violence / Negligent Security Claims?
Business owners are not always responsible for crimes or violent acts committed on their property. However, if the business is in an area where violence or crime is known to occur, the property owner or business owner must take reasonable measures to protect residents, customers and visitors. The following are examples of incidents from which a negligent security claim might arise:
- Being injured as an innocent bystander in a restaurant, bar, or nightclub
- Being attacked in a restaurant, bar, or nightclub
- Being robbed in a restaurant, bar, or nightclub
- Being mugged while walking through a parking garage
If you are the victim of a crime or violence, it may not be clear if you have a negligent security case, but it’s definitely worth looking into. These cases can vary greatly in their individual circumstances. One important factor is if the business owner or property owner knew or should have known of previous similar incidents at or near the location. For example, if a bar has a history of frequent police calls for fights, crimes, and drunk customers. Or, if a hotel or parking garage has a history of muggings or robberies.
What to Do If You’re the Victim of Violence
If you are the victim of violence you should do two things immediately: report the incident to law enforcement and get medical attention. Police will take a report and begin working to identify and locate the suspect. Criminal charges may be sought in a separate criminal matter.
A negligent security claim will be a different legal matter than the case against the perpetrator. A negligent security claim will hold the business responsible who created or permitted an atmosphere or situation for violence to occur. Unfortunately, many bars, nightclubs, and other business are too cheap to pay for properly trained security guards and are more focused on alcohol sales than customer safety. Worse, some try to avoid responsibility by negligently hiring untrained or unqualified security guards and blaming them for injuries. Once you’ve addressed reporting the accident and getting medical care, contact Charleston personal injury lawyer Mark Bringardner. We will look at the case right away and start researching a potential case. The initial investigation may include researching prior crimes at the same location by a Freedom of Information Act Request (FOIA request). We work with expert investigators to determine if prior, similar crimes have occurred where you were a victim. Often times, we find that our clients are not the first victims at the location.
Security Measures Necessary to Keep People Safe
Inadequate security of a premises can take many forms, and could involve:
- Lack of a security guards
- Untrained security guards
- Little or no “pat-down” of entering customers
- Lack of signage warning visitors of security measures
- Lack of security cameras or malfunctioning security cameras
- Alcohol is commonly involved
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No upfront costs to you or your family. We recover maximum compensation for our clients.
Get a Free Consultation from a Charleston Negligent Security Lawyer
If you are the victim of violence, it may be impossible to know if security measures were in place at a property, or what past violence has occurred before. But it’s worth a look, and worth talking to an experienced and knowledgeable personal injury lawyer. Attorney Mark Bringardner and his team are available to review your negligent security case, and answer your questions. Call us today for a free consultation.