Negligent Security In Premises Liability Cases
People who are injured in commercial establishments or public properties due to negligenceby the owner to ensure a safe environment can file a premises liability case. But, what about victims of violence in commercial buildings, parking lots, or public property? Can they also file liability cases?
These kinds of cases are called negligent security or inadequate security cases and require the expertise of a negligent security attorney.
The negligent security attorney will assess two things before taking the case. He will take into consideration whether the incident was preventable by the owner of an establishment, and whether they had taken action to stop the violent incident, if it was preventable.
Could the crime have been anticipated?
There are certain security incidents that cannot be anticipated, but many incidents that occur could have been prevented. Police records for a particular location can help predict illegal activities in the same place, or in another similar location. This is based on the premise that criminal incidents happen in areas with similar characteristics even if they are separate locations. For example, if an owner has high-end residential condominium complexes in a certain area, and owns similar condominiums in another area, it is the responsibility of the owner to install similar security measures in each location to prevent theft and other criminal activities.
An attorney who specializes in negligent security cases will use evidence such as call reports, incident reports, crime grids, and violations against local ordinances, as well as video footage, maintenance records, and property management records to strengthen your case. The lawyer may also interview victims and witnesses of other incidents that occurred on or near the premises.
Can the crime be prevented?
An expert who has knowledge of the Rational Choice Theory of Crime Prevention, or the Routine Activity Theory of Crime Prevention can explain these theories to the jury.
According to the Theory of Rational Choice, if the benefits of committing a crime are greater than the risks of committing that crime, that crime is likely to occur. It is therefore the responsibility of the property owner to increase security to the maximum and decrease the potential reward of committing a crime on the property. Putting up protections, such as setting up barriers and gates, installation of security cameras, and hiring guards are ways to decrease the incidence of violent crimes.
According to the Theory of Routine Activity, a crime is likely to occur if a would-be criminal finds an unguarded target to take advantage of. The above-stated security measures can help protect against this sort of crime. Even simply adding lights in dark areas to increase visibility will increase protection in areas that have no security.
Anticipating the occurrence of crimes and putting preventive measures in place can minimize crimes in commercial properties and public places. When owners are mindful of the safety of the users of their properties, they can minimize instances of negligent security. Anyone injured in a premises liability accident in Chicago can count on Joseph Shannon, an experienced personal injury attorney at Shannon Law Group. Call 866-881-9980 today to discuss your case.
Joseph Shannon, founder of the Shannon Law Firm, is a graduate of University of Notre Dame Law School and is admitted to practice law in Illinois, Washington and Oregon state courts. Mr. Shannon concentrates his practice in catastrophic injury and wrongful death cases. Mr. Shannon has dedicated his practice to helping those who cannot help themselves. Mr. Shannon is admitted to practice law in Illinois, Washington and Oregon state courts and has successfully advanced cases in numerous other states. Visit http://www.shannonlawgroup.com to learn more about the firm.
by: Teri K. Quincy