Get a Winning Asheville Negligent Security Attorney on Your Side
If you’ve been the victim of an assault due to a lack of security, you may be feeling scared, alone, and unsure of what to do next. We understand the physical, emotional, and financial toll that these kinds of injuries have on victims and their families, and the experienced negligent security attorneys at Lakota R. Denton, PA are here to help.
We’re not afraid to take on property owners and businesses who have failed to protect you. Contact us today at 828-333-5996 for a free consultation. Our negligent security lawyer is here to help you get through this.
What is Negligent Security?
Negligent security is a type of premises liability law that refers to a business or property owner’s failure to provide reasonable security measures to protect its customers or tenants from foreseeable criminal acts of third parties.
This can include a lack of security cameras, visible security guards, fencing, or adequate lighting in parking lots or other areas on the property. Negligent security can also refer to a failure to address known security risks, such as broken locks or windows.
When a business or property owner fails to take reasonable steps to ensure the safety of its customers or tenants, it may be held liable for any resulting injuries.
According to North Carolina law, a landowner has a general duty to protect people who are invited into or onto their premises; however, a landowner is not liable for the injuries caused by a dangerous condition or activity of others unless they knew of its existence or had reason to know the condition or potential hazard existed and did not remove it or warn against it.
Stated another way, for a business or landowner to be liable for injuries or damages caused by others in a negligent security lawsuit, the danger had to exist long enough for an owner to know about it or at least anticipate that a dangerous or criminal act could occur that would result in injuries, theft, or damage to property.
Who Is Liable for Negligent Security In a Parking Lot?
If A Customer Is Assaulted in a Parking Lot, Can the Store Owner Be Held Liable for Injuries?
Store owners owe a duty of care to ensure the safety of their customers while on the premises of the business. Parking lots are provided by owners for the use of customers during business hours and are considered part of the premises of the store.
A store owner can be sued for negligent security if a customer is assaulted in their parking lot.
Generally, a business can be held liable for crimes committed against customers on its premises if:
- 1. There was a general duty of safety to the customer;
- 2. The customer was present during normal business hours;
- 3. The store owner was aware that criminal conduct existed on the premises;
- 4. The store breached its duty by failing to provide adequate security; and
- 5. The breach was the actual cause of the customer’s injuries.
For example, a customer parks their car in a shopping mall parking lot provided by the mall owners for customers’ use while shopping. The customer was on the premises during business hours for the purpose of shopping at the mall. Unbeknownst to the customer, there had been several reported incidents of crimes in the mall parking lot dating back over one year. As the customer was returning to their vehicle, they are assaulted and injured.
The customer sues the mall owners for negligent security. The customer claims that had the mall owners taken adequate precautions to provide for the safety of its customers, the assault would not have happened. If the mall owners were aware that a likelihood of criminal conduct existed in the mall parking lot, then the parking lot was unreasonably dangerous to the customers who used it.
Since the mall owners breached their duty by failing to adequately patrol and provide security for the mall parking lot, and the breach of this duty was the actual cause of the customer’s injuries, then the mall owners will be liable for the injuries caused by their negligence.
If you believe that a store owner’s negligent security was the cause of your injuries, call our Asheville negligent security lawyers for guidance on how to receive compensation for your losses at 828-333-5996
Can an Employer Be Held Liable for Negligent Security?
Safety Includes Protecting a Business’s Most Valuable Asset – Its Employees
If an employer knows that there is a high risk of violence happening on their property and does not take steps to prevent it, they may be liable if someone is hurt as a result. The best way for you to pursue a case is to talk to a negligent security attorney as soon as possible after your injury.
For example, an employee who works the night shift for a hotel arrives to work and parks their car in the dimly lit rear parking lot which all employees are required to do. Knowing that there had been a substantial amount of criminal activity on the premises and in the surrounding neighborhood, the employer contracted with a security company to patrol the area. As the employee is about to enter the hotel from the rear entrance to start their shift, the employee is abducted and taken to an area on the premises with overgrown shrubbery and is sexually assaulted.
After the employee receives medical treatment and therapy for their injuries, they seek compensation from the employer for negligent security. The employee sues the employer alleging that they were negligent for failing to provide adequate security, failing to provide proper lighting, and failing to cut back the shrubbery in the area where the assault took place. For an employee in this situation to take on the employer without the counsel of an experienced negligent security attorney , the chances of success in a negligent security lawsuit are much less.
Negligent security cases are complex, and responsibility for the injury to an employee can be difficult to prove. To determine whether or not an employee can sue their employer for an injury outside of the exclusive remedy of workers’ compensation, a court will determine whether an injury arises out of the employment or whether the injury . . .
- 1. Is not the type of harm associated with the nature of the employment;
- 2. Was not from a risk or hazard inherent to the nature of the employment; and
- 3. Was caused by a hazard that all employees would have been equally exposed to.
If the employee can present sufficient evidence showing the employer failed to properly secure and protect employees against criminal assaults, then the employee will most likely prevail in a negative security lawsuit against the employer.
If you have been injured by a criminal act that could have been prevented by an employer’s reasonable security measures, you may be able to file a lawsuit for negligent security. Count on Lakota Denton’s litigation experience. Call our team at 828-333-5996 today.
Why Hire Our Negligent Security Lawyer in Asheville?
Do I need a personal injury lawyer?
- How can we help? Pick up the phone or fill out our contact form. We want to give you the opportunity to explain in detail what happened and what we can do to help you recover. If Attorney Denton is available, you’ll speak with him right away. You can also make an appointment to sit down with Mr. Denton to go over your potential negligent security lawsuit. You’ll get a detailed roadmap of what to expect and how we can help.
- We get results. We are Asheville negligent security lawyers who can represent you no matter how big the insurance company is. We know how to uncover evidence of negligence and build a strong case for compensation. We have helped many clients get results in negligent security cases, and we have a successful track record of obtaining favorable settlements and verdicts for our clients.
- Better Representation We believe that better lawyers have better outcomes for their clients. It is our responsibility to ensure that we have done everything in your case to get the best possible outcome for you and your family. We promise to keep you updated and answer any questions you have. If you’re looking for negligent security lawyers in Asheville, NC, who are determined to get you the maximum compensation, Lakota R. Denton, PA is your law firm.
Can I Sue an Apartment Complex for Negligent Security?
Being Assaulted Where You Live is Especially Traumatizing, Deserving a Full and Fair Compensation.
Apartment landlords have a legal duty to exercise reasonable care to protect tenants from foreseeable harm. This duty generally does not include the protection of tenants and their guests from the criminal acts of third parties unless a landlord knows or should know of criminal activity.
To prove a case of negligent security against a landlord, a person must prove:
- 1. The landlord had control over the dangerous condition;
- 2. The landlord knew or should have known about past occurrences of similar criminal activity on or nearby the premises;
- 3. The harm suffered was a foreseeable result of that dangerous condition.
Landlords should be aware of dangerous conditions on their property and take the necessary steps to protect tenants from harm and injury.
For example, if there is a known drug dealer operating out of an apartment, a landlord should take steps to evict the tenant and secure the unit. If there are reports of thefts from common areas, the landlord should increase lighting in those areas or install security cameras.
By taking reasonable measures to address conditions that contribute to criminal activity, landlords can help keep their tenants safe and reduce their liability in the event that a crime does occur.
Moreover, if a landlord of an apartment complex is aware of past or ongoing criminal activity, a duty is imposed upon the landlord to take the necessary steps to protect the tenants living in the complex.
If you’ve been injured in your apartment or on the grounds of your apartment complex, you may have a case. Contact our negligent security attorney at Lakota Denton, PA to talk about the circumstances of your injuries. We will help you understand if you can proceed with a negligent security claim and perhaps a lawsuit.
Our team has helped hundreds of clients just like you. Find out what they have to say about Lakota Denton and our services.What Our Clients Say
5 Steps a Landlord Can Take to Help Protect Tenants
Unfortunately, no property is completely immune from crime. However, there are a number of steps landlords can take to help protect their tenants from foreseeable harm. Failure to do so may be grounds for a negligent security claim.
- 1. Lighting. It’s important to maintain good lighting around the perimeter and entry points of the property. This will make it more difficult for criminals to hide and make it easier for tenants to see potential threats.
- 2. Cameras. Installing security cameras in strategic locations around the complex can deter criminals and help law enforcement identify suspects if an incident does occur.
- 3. Policy. Handing out a clear and concise policy for dealing with criminal activity on or near the property lets tenants know what they should do if they see something suspicious.
- 4. Security Guards. Security guards can help to deter would-be criminals and can provide a quick response in the event of an incident. In addition, security guards can provide a valuable presence during evening hours.
- 5. Be Proactive. Landlords can get free information on crimes around or on the property which can be used to determine which kind of reasonable measures are needed to protect tenants.
Do I Need an Attorney for Negligent Security?
Find Out How Working with a Negligent Security Lawyer in Asheville Can Help You
If you have been the victim of a crime on another person’s property, you may have grounds for a negligent security claim. An experienced North Carolina personal injury attorney with deep knowledge of negligent security cases can guide you in your case all the way to trial if necessary.
These types of lawsuits are designed to hold property owners accountable for their failure to protect customers, employees, hotel guests, and apartment tenants from reasonably foreseeable dangers. At Lakota R. Denton, PA, our Asheville negligent security attorneys have extensive experience handling these complex cases.
Frequent Questions Regarding Negligent Security in North Carolina
Our Negligent Security Attorney Answers Common Questions
Can a security guard be held liable for negligent security?
In certain circumstances, if a security guard is under a legally enforceable contractual obligation to protect a third party, and that third party is injured because the security guard failed to exercise reasonable care, then the security guard can be held liable for the third party’s injuries.
What should I do if I am the victim of negligent security?
After you’ve already received medical attention for your injuries, it’s a good idea to contact a negligent security attorney as soon as possible. A lawyer can counsel you on your legal rights and help you fill out any police reports if you haven’t already done so.
What are the deadlines for filing a negligent security lawsuit?
In North Carolina, the deadline for filing a personal injury claim due to negligent security is three (3) years from the date of the incident or the date the bodily harm becomes apparent.
What are some common defenses to a negligent security claim?
Some common defenses include crimes or injuries that were not foreseeable; there was no duty to exercise reasonable care; the victim was a trespasser; or, in the case of a parking lot, the victim was on the property after business hours.
Where can I get information on crimes in my area?
The city of Asheville, North Carolina, has a searchable database for crime statistics based on addresses. You can also access nationwide crime statistics by clicking here.
How much can I expect to receive in compensation?
The amount of compensation you may be eligible to receive will depend on a variety of factors, including the severity of your injuries, the cost of your medical bills, and whether you lost income as a result of your injuries. Typically, as a result of negligent security a person can recover:
- Medical costs, including ambulance transportation, hospital bills, and surgeries
- Physical and psychological therapy
- Loss of income
- Physical and emotional pain and suffering
- Possible restitution from the person who committed the crime.
What other places have a duty to protect people?
A duty to exercise care can extend to people in many locations including:
- Convenience stores
- Churches and places of worship
- Amusement parks
- Nursing homes
If you have other questions about the circumstances in which you sustained your injuries, We can help. Contact us to seek legal counsel. We can help determine if you have a negligent security case. These cases can be complex, and you may want to know about the chances you have to get a settlement or to win in court. Talking to our negligent security lawyer could help you understand the potential for a positive outcome in a settlement or a lawsuit.
Words from Our Negligent Security Attorney
Trust Lakota Denton to Give You an Honest Appraisal of Your Case
Thank you for considering me as your negligent security lawyer in Asheville. I know that transparency and brutal honesty are the keys to building trust, and I promise to always have your best interests at heart. You can expect me to keep you closely informed of every step in your case. I want your result to be equal to or greater than the pain, and sometimes the shame, that comes from being assaulted in vulnerable locations due to the negligence of others. Please don’t hesitate to contact me if you have any questions.
Thank you, Lakota R. Denton
”Absolutely the best attorney in the area, long story short I was involved in a motorcycle accident where the individual at fault had very little insurance and my property damage and personal injury costs were substantial. Lakota was extremely professional and genuinely helped in every way he could. Very good at communication, he kept me informed the entire time going on 7 months. Without him this mess could have been a catastrophe. I rate him 5 stars because that’s the highest I could rate, he and his staff deserve an even better rating than that. I highly recommend him!” – Tj Stephens (Google Review)