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Golitko & Daly

Premises Liability and Inadequate Building Security

By Matthew Golitko on June 06, 2018

Empty parking garageAn accident that results in an injury can have a significant impact on a person’s life. Depending on the severity of the injuries, the victim may deal with temporary setbacks or lifelong disability. It is important that any person or party responsible for the accident is held liable for any damages.

Premises liability laws hold property owners accountable if an accident or injury occurs because their property has been inadequately cared for or poorly maintained. These laws extend to many aspects of property maintenance, including the responsibility to have a safe and secure environment for lawful visitors.

The experienced lawyers at Golitko & Daly, P.C. have handled many cases involving premises liability and inadequate building security in the Indianapolis, IN area. They are ready to fight for injury victims so they are justly compensated for their losses.

Injuries Related to Inadequate Security

In many premises liability cases, there is a clear hazard, such as crumbling steps, unsecure inventory, or a wet floor that results in a slip, fall, or other similar accident. It is easy to directly connect these types of accidents to poor property maintenance.

While inadequate security may not seem to be as clearly linked to accidents or injuries, security monitoring plays a big role in maintaining the safety of a property. Crimes are much more likely to occur on properties that lack security measures such as lighting, cameras, and active security guards.

When a property lacks adequate security, lawful visitors may suffer injuries from crimes such as robbery, assault, battery, or rape. These types of injuries do not just damage a person physically, but also psychologically. After a physical assault, it can be difficult for a person to feel safe anywhere, even in the own home.

Proving Premises Liability

If property owners fails to provide security and other safety measures to protect visitors to their property and a crime takes place, they can be held liable for resulting damages. However, for compensation to be rewarded, there has to be a strong case to prove premises liability.

In a premises liability case involving inadequate security, the plaintiff needs to be able to provide proof that:

  1. The plaintiff was a lawful visitor to the property
  2. The property owner was negligent in providing security on the premises
  3. A foreseeable crime took place on the property
  4. The plaintiff was injured as a result of the crime
  5. The crime could have been prevented if adequate security was in place

The foreseeability of the crime is one of the most crucial aspects of a premises liability case, but also one of the most difficult to prove. The lawyers at Goltiko & Daly will gather evidence such as police records of previous crimes on the property or in surrounding areas and the number of times that law enforcement was called to a property.

Compensation

Injury victims in premises liability cases may be due compensatory damages for the full extent of their losses, including medical expenses, lost wages, and pain and suffering.

In addition, in some cases, we will seek punitive damages. Punitive damages are meant to punish property owners for extreme negligence or malice. Punitive damages are rewarded to discourage similar behaviors and incidents in the future.

Our lawyers will carefully examine the details of each case and seek the full extent of damages that we believe our clients are due.

Contact Us

If you have suffered a personal injury as the result of the reckless or negligent behavior of another person or party, you may be due financial compensation for your damages. To learn more about your legal rights, contact us at your earliest convenience.

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