Virginia Inadequate Security Attorneys
Property owners, management, and other entities have a duty to keep others safe from harm. This duty extends to public spaces, events, and other areas where people have the right to expect that they will not be hurt in an accident or intentional attack. Often referred to as “negligent security” or “inadequate security,” this failure to protect others can result in severe or possibly fatal harm to innocent individuals.
If you or someone you love has been injured or killed due to an accident stemming from negligent security, CHASENBOSCOLO wants to know. Schedule your consultation with our Virginia inadequate security attorneys today by phoning (703) 538-1138, and we’ll discuss this tragic incident with you.
What is Inadequate Security?
Not all premises are required to have security, and liability will depend on the specific circumstances of your case. In order to establish whether security was negligent in Virginia, an attorney must first prove security was reasonably necessary. To establish this, premises owners must have previously been aware of dangerous conditions on their property, yet did nothing to remedy them. Possible remedies may include:
- Hiring personal security;
- Installing surveillance cameras;
- Placing caution or warning signs;
- Installing a perimeter fence; or
- Installing some form of audible alarm, or even a silent one.
If it was foreseeable that a violent act or crime would be committed on the property, the property owner could be liable for any failure to protect others from harm if a harmful event does occur.
Why Would I Need an Attorney?
Unlike other torts, proving security was necessary given the threat, or perception of risk, of danger is far more difficult than most injured people could handle without counsel. For one, an attorney may have to look over pages and pages of crime data to establish whether the danger was “foreseeable.” For another, proving the store owner did nothing is another massive undertaking.
Virginia’s contributory negligence rules mean victims cannot have any involvement in their accident; walking into a building knowing a robbery is taking place, for example, could lead to an injury brought about by the victim’s own negligence.
With no room for error, claims of inadequate security in Virginia should be dealt with by professionals who’ve litigated cases similar to yours.
How to Prove Your Inadequate Security Claim
To recover damages in a negligent security case in Virginia, plaintiffs must prove that the property owner, or possessor, owed a duty of care for the plaintiff’s well-being. It must be established that such duty was breached, and in breaching that duty, an injury caused injuries to the victim owed a reasonable amount of care.
There are four components to a premises owner’s duty to provide adequate security in areas where such security would protect invited guests:
- Employee security. Businesses must perform reasonable background checks to assure the workers who will comingle with patrons won’t cause those patrons harm.
- Interior security. All indoor premises should have a security protocol in place to protect those who may frequent the building.
- External security. Premises owners should install exterior security monitoring devices to ward off potential criminal activity. Audible alarm systems would also provide adequate outdoor security for businesses as well.
- Administrative security. There should be some method of collecting and reporting criminal activity in areas where crime is higher than average.
Courts will consider the above factors, along with historical crime data in the neighborhood, the nature of the business where the accident occurred, and the approximate location of the premises to areas where criminal activity is known to exist.
Compensation Available to Victims of Inadequate Security
Provided enough evidence exists to substantiate your claim, CHASENBOSCOLO may be able to settle your case before trial. In doing so, we may recover compensation to cover:
- Reimbursement for medical expenses incurred due to the injury that took place;
- Replacement of personal property taken during the crime;
- Wage replacement; and
- Pain and suffering the incident caused you.
Additional compensation might be available if other losses occurred.
Frequently Asked Questions
The security needs of nightclubs will be different than what beauty salons or grocery stores need. Since there is no “hard and fast” rule when it comes to gauging how adequate one’s security is, additional information such as crime data and the incident itself will ultimately determine if minimum security requirements were met.
Banks are responsible for providing security for their ATM users. If an individual is robbed or injured while making a withdrawal, the bank could be held liable.
Under most circumstances, it’s the venue’s responsibility to prove concertgoers with adequate security; if the U.S. Department of Homeland Security certifies the venue’s security, however, the situation could get more complicated. Contact your inadequate security lawyer if injured while attending a concert in Virginia.
No court would ask an individual to stand idly by as someone attacks them on someone else’s property. If you were injured and fearing for your life, you are encouraged to protect yourself from further harm in any way possible if fleeing isn’t an option.
Contact a Security Negligence Lawyer Today
The amount of robberies, assaults, rapes, and murders that occur on private and public property is appalling. Victims of these unspeakable crimes should never have been attacked if the premises owner had adequate security to fend off these attacks. However, some businesses simply cut costs and avoid securing their grounds altogether.
You can count on CHASENBOSCOLO to hold businxesses accountable for inadequate security. Armed with three decades of premises liability experience and the commitment to fight for victims’ rights, we’ll demand justice is served for the victims injured and unable to work. Our goal is reaching the best possible settlement terms so that you can put this matter behind you.
Consultations are free, so don’t delay – call (703) 538-1138 or fill out a contact form to discuss the incident that left you injured, scared and in need of compensation for your emotional pain, lost wages, and medical expenses.