Negligent security claims are quite common in premises liability law. Proving these cases can be difficult, especially in Virginia, where the legalities are complex. Negligent security cases occur when someone is harmed due to the owner’s lack of security measures. Victims of crimes like assaults, thefts, or other violent acts often file a negligent security claim.
The key question is, who is responsible for these incidents? When a property or business owner fails to take safety measures, they may be considered negligent. In order to recover damages, the plaintiff must prove that the property owner knew or should have known about potential security risks. Despite that, they failed to provide enough security.
Moreover, Virginia follows the “contributory negligence” rule, which can potentially reduce your chances of recovering the full amount of your damages. All of these laws can make it difficult to seek justice. This is why it is recommended to have the support of a personal injury from The Jackson Law Group, PLLC.
Meanwhile, go through this article to learn about a few local incidents of negligence security in Virginia. The accounts also contain information about the legal claims and their outcomes.
Real-life negligent security claims– case one
A recent case of negligent security involved a person being a victim of an assault in a bar in Virginia. The victim argued that the bar did not have proper security measures, such as enough lighting and security staff. These factors played a role in their injuries. They claimed that the bar owner had the responsibility to provide a safe environment but failed to do so.
In Virginia, it is the plaintiff’s responsibility to prove that the property owner was negligent. This means that they have to show that the owner was aware that something like this could happen and did not do anything to protect the customers or guests.
This particular case highlighted the difficulties faced by negligent security victims, particularly due to the contributory negligence law followed in Virginia. The law states that if the victim is found to be even slightly responsible for their injuries, they may receive less or no compensation.
During the trial of this particular case, witness and law enforcement testimonies held importance. The witness statements revealed that violent incidents had occurred in the bar in the past, which should have prompted the owner to take security actions. Security footage and expert analysis of the bar’s lighting also revealed that there was insufficient security.
In the end, the jury ruled in favor of the victim. The victim was awarded a hefty compensation due to the bar’s failure to provide a safe environment. This decision was impactful as it encouraged the property owners of Virginia to take reasonable security measures, especially if the place has a history of criminal activity.
Real-life negligent security claims– case two
In this particular case, a woman was assaulted in a shopping plaza, which was situated in an area known for higher crime rates. The shopping plaza lacked sufficient security measures, such as adequate lighting and security personnel. During the attack, the victim was injured and held the property owner liable.
The victim’s legal team argued that the area’s history required better security measures, particularly during the evening hours. The owner was also aware of the dangerous past incidents. The legal team gathered evidence of past incidents, such as assaults and thefts, to support her case. They also employed expert testimonies.
The court eventually ruled in favor of the victim, acknowledging the fact that the owner’s negligence significantly resulted in the victim’s injuries. The liable party, that is, the owner, had to pay for the victim’s medical expenses, pain and suffering, and punitive damages.
Did you get attacked?
Negligent security claims can be upsetting, especially when you find out that your injuries could have been avoided if the responsible party had taken the right steps. Hire an attorney in Virginia today to recover compensation!
