Common Examples of Inadequate Security Claims
Many inadequate security claims arise out of injuries caused in bars, clubs, or similar establishments. These establishments should recognize the risks of fights and other forms of assault among intoxicated individuals. Bouncers and guards should not only keep track of who is allowed into the establishment but should also identify when someone is too intoxicated or is becoming agitated and needs to be removed. If a bar allows someone who is dangerous to enter and remain in the establishment, the owner may be held liable for any harm caused.
Bars are far from the only examples of properties that should have adequate security. Additional properties include the following:
- Parking lots and garages;
- Apartment complexes;
- Condominium complexes;
- Shopping centers and malls;
- Nursing homes;
Criminal vs. Civil Cases
Because inadequate security cases arise from assaults and other criminal acts, if the perpetrator is caught, they will likely face charges in criminal court. If they are convicted, they may be sentenced to time in prison or ordered to pay fines to the court, among other consequences. Unfortunately, a criminal court will often do little to provide compensation for you for your medical bills and other losses.
In order to seek compensation for your injuries, you will need to file a personal injury claim in civil court. You can file a claim directly against your assailant, however, they may not have the assets to provide compensation and a judgment may simply lead them to file for bankruptcy. The other option you have to obtain the financial recovery you deserve is to file a claim for inadequate security against the property owner whose negligence allowed the assault to occur. Property owners and businesses often have the insurance coverage and assets needed to cover your losses, so recovery is more probable.
Damages in Inadequate Security Cases
You can seek compensation for a wide variety of damages in an inadequate security claim. Some losses commonly suffered by victims of assault, sexual assault, or robbery include:
- Costs of medical treatment for your physical injuries;
- Costs of treating your psychological injuries;
- Lost income from missed work due to your injuries;
- Physical pain and suffering;
- Mental and emotional trauma;
- Loss of enjoyment of life;
- Permanent disability sustained.
Calculating the exact value of your particular case can be complex and will depend on the nature and severity of the injuries you suffered. You should have the help of a law firm with the resources needed to accurately determine and prove the full amount of compensation you deserve in your inadequate security claim.
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