Getting hurt by someone else’s negligence is scary enough. Finding out that better security may have reduced the risk makes it worse. If a store, apartment building, or parking lot lacked reasonable security measures and you were injured during a foreseeable crime, you may have a legal claim.
Pemberton Personal Injury Law Firm helps people across Wisconsin hold property owners and other responsible parties accountable when inadequate security contributes to an attack, robbery, or assault. You should not have to carry the financial burden when another party’s negligence contributed to your injuries. We are here to help you understand your rights and fight for what you are owed.
What Is Negligent Security?
Negligent security may occur when a property owner or another party controlling the premises fails to take reasonable steps to address a foreseeable risk of crime. This is different from a car accident or a slip-and-fall. Here, another person commits the crime. However, the property owner or another responsible party may share responsibility if inadequate security contributed to the injuries.
Property owners have a duty to keep their space reasonably safe. This includes apartment buildings, hotels, bars, gas stations, parking garages, shopping centers, and more. When they fail to provide basic safety measures, they may be held accountable for the harm that follows.
Common Examples of Negligent Security
Negligent security cases can happen in many settings. Depending on the property’s risks and circumstances, examples may include:
- Broken locks on doors, gates, or windows
- Dark parking lots or stairwells with no working lights
- No security cameras in areas known for crime
- Untrained or missing security guards
- Broken gates or fences that should keep out strangers
- No system to buzz in visitors at an apartment building
If you were hurt in a situation like this, it is worth having your case reviewed. You may be entitled to compensation, even though the person who attacked you was not the property owner.
How Do You Prove Negligent Security?
To establish a negligent security claim, you generally need to show that the risk of crime was foreseeable. This means the property owner knew, or should have known, that a crime like this could happen. Relevant factors may include prior crimes at or near the property, police calls, safety complaints, broken security features, and other warning signs the owner knew or should have known about.
You also need to show that the property owner or another responsible party failed to take reasonable steps to address the foreseeable risk. This could mean they had broken locks, no lighting, or no security staff, even though they knew there was a risk.
Signs a Property Owner Ignored Safety Risks
A few warning signs often show up in these cases. Property owners may have ignored safety risks if there was one or more of the following:
- Past crimes reported at the same location
- Complaints from tenants or customers about safety
- Broken or missing security equipment that was never fixed
- No effort to improve lighting or add cameras after past incidents
When property owners ignore these warning signs and fail to take reasonable action, that evidence may help show they knew or should have known about the risk.
Where Does Negligent Security Happen?
Negligent security claims can come from many types of properties. Some of the most common locations include:
- Apartment complexes and rental properties
- Hotels and motels
- Bars, nightclubs, and restaurants
- Parking garages and parking lots
- Gas stations and convenience stores
- Shopping centers and malls
Negligent security cases may also overlap with other premises liability claims when unsafe property conditions contribute to someone’s injuries. If your injury happened somewhere else not listed here, it is still worth talking to us about your situation.
What Compensation Can You Recover for Your Wisconsin Negligent Security Case?
If your negligent security case is successful, you may be able to recover money for the harm you went through. This can include compensation for medical bills, lost wages, and pain and suffering. If a loved one died from injuries suffered in a negligent security incident, your family may be able to pursue a wrongful death claim.
Every case is different, and the amount you may be able to recover depends on your specific injuries and circumstances. Some negligent security cases involve life-changing harm that may qualify as a catastrophic injury claim if the injury causes permanent damage.
How Long Do You Have to File a Claim?
In many cases, a Wisconsin personal injury lawsuit must be filed within three years of the injury. However, some exceptions may change the deadline.
Because these cases can involve police reports, security footage, and witness statements, it helps to start working on your claim as soon as possible. Evidence can disappear quickly, especially security camera footage, which may only be stored for a limited time.
Contact Pemberton Personal Injury Law Firm About Your Wisconsin Negligent Security Injury Case
Negligent security cases can be hard to prove, but with our 90+ years of combined experience in these cases and recognition by Super Lawyers for 12 consecutive years running, you can trust us to fight for your rights. We built our firm on the Pemberton Promise. That means we prepare every case as if it is going to trial, even if it settles before then. Preparing each case as if it may go to trial helps our team investigate thoroughly and respond when an insurer disputes responsibility or damages.
We also work on a contingency-fee basis, so we do not get paid unless we recover compensation for you. If you were hurt because a property owner failed to keep you safe, reach out to Pemberton Personal Injury Law Firm today. We offer a free case evaluation, and we are ready to talk through what happened and help you understand your options.