Getting injured in another person’s premises is pretty common. When such happens, you might want to file a lawsuit. However, a few things need to be in place for you to file a negligent security claim or suit.
It is not enough to have sustained injury on the premises; negligence must be involved. This is why this type of action is called a negligent security lawsuit. To learn more about filing this type of lawsuit, you should contact an Atlanta negligent security attorney today.
How to Prove Negligent Security
If you get injured within a company’s premises, you cannot file a lawsuit right off of that occurrence. However, if it appears that the owners could have done something to secure the environment better, you may have grounds for a suit. If, however, they had put all security measures in place, and the incident still occurred, you cannot file a negligent security claim.
The above shows that you need fault and negligence on the part of the owner of the premises before you can file a negligent security lawsuit. This involves proving that the owner or responsible party failed to take the necessary security precautions for the premises. You also need to prove that their negligence caused you harm, and you deserve compensation for it.
With the following steps, you can prove that a party was negligent in securing a premises:
Establish Duty of Care
According to Georgia laws, landowners or occupiers have a duty of care to their invitees. Therefore, you need to establish that they had a responsibility to ensure your security. It usually involves putting in place all necessary security measures.
This will involve research into what the usual security procedures in such an establishment are. You will then have to prove that the property owner either did something they were not supposed to or did not do something they should have done.
Imagine a hotel compromising your safety by giving your room number or key to a total stranger. Or a hotel with faulty locks causing you to be vulnerable to attack from a stranger. Another example is a building meant to have standard security measures such as alarms and security cameras. If the property owner does not have working alarms or cameras in such facilities, they have breached their duty of care.
Also, suppose an entertainment facility should have trained security guards who know how to handle crowd control and stop violence from occurring. When those guards are not there or do not get adequate training, the responsible party, usually the facility owner, has breached their duty of care.
Have Proof of Injury or Harm
After you establish that the property owner breached their duty of care, you need to prove that their actions or inactions caused you to suffer injuries or harm. While the connection might not be clear-cut, an experienced negligent security attorney can help prove that your claim is valid.
To help make your case, you must ensure that some evidence is backing up your claims. This includes videos and pictures of the scene of the incident, medical bills, and incident reports. If the harm you suffered was not physical, it might be harder to prove. This, however, does not mean that it is impossible. Experienced negligent security lawyers have handled similar cases before. As such, they can help you figure out the next steps to take.
What Kind of Settlement Can I Receive for a Negligent Security Claim?
A few factors affect the monetary value of your settlement. You can either receive compensation for punitive or compensatory damages.
Compensatory damages cover the financial losses that you incurred as a result of your injuries. As every compensation is different from the other, you should calculate yours based on your case’s details. Compensatory damages include costs for things like:
- Past and future medical care
- Pain and suffering suffered as a result of the incident
- Current or future lost wages because of a permanent or temporary inability to work
Courts use punitive damages to punish the negligent party. The details of the case will determine how much the defendant pays in punitive damages. However, the state of Georgia set a cap for punitive damages at $250,000.
Seek an Atlanta Negligent Security Lawyer’s Help Immediately!
If you or your loved ones have sustained an injury in another person’s premises due to their negligence, you should contact a lawyer today. Our negligent security lawyers at Calvin Smith Law will ensure that you get the representation and compensation you deserve. Schedule a free consultation with us today to get started.