Personal Injuries Related to Premises Liability Victims
By definition, premises liability is anyone owning a property (premises) who has reason to believe that crime is expected, or likely to happen, is held under a legal obligation to attempt to thwart or prevent criminals from harming or committing crimes against others on the property. Some property owners fail to live up to this expectation which leads to injury to a victim. This can be due to a number of reasons, including a failing and/or insufficient security system, unsatisfactory employee training or lack of supervision, or the failure to complete a background check on all new employees.
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When these negligent acts occur, the likelihood of serious crimes happening to innocent victims, such as murder, armed robbery, aggravated assault, and rape, increase dramatically. When these violent acts take place, the end result is oftentimes death or life-long suffering to both victims and their families. According to the law, property owners may be required to pay for any damages that result from any criminal assaults that occur on their premises. This law refers to “Premises Liability“.
At Hirsch & Lyon, we pride ourselves in being experienced at helping people who have experienced attacks at public places like apartment complexes and lodging facilities. If you believe that you or a loved one was injured as a result of a property owner’s negligence and failure to provide the proper security, give us a call at (602) 535-1900 and let us help you with obtaining the compensation you may be entitled to.
Inadequate or Negligent Security
Regular and reliable security is necessary for public safety, since even just a few short lapses can leave individuals at increased vulnerability to crime, such as murder, armed robbery, shooting, stabbing, rape, aggravated assault, mugging, and carjacking. Read through the examples below to see which public establishments are included under this legal obligation to provide quality security measures to protect people who are on the premises.
These public places include:
- Apartment complexes
- Lodging facilities, including hotels and motels
- Restaurants and bars
- Shopping centers
- Gas stations
- Amusement parks
- Independent / individual stores
- Nursing homes
- Healthcare facilities, including hospitals and rehabilitation centers
- Publicly owned spaces, such as parks and hiking trails
Many criminals target areas like apartment buildings, hotels, stores, and other establishments because they believe they are at less risk of being deterred from committing the crime in these types of places and also from being caught after the act. Also, there may be a higher number of accessible victims in these places. Apartments or hotels with faulty door or window locks, un-monitored, poorly-lit, or unsupervised parking lots, and office buildings with insufficient security precautions often present criminals with “crimes of opportunity”. The large majority of these crimes are highly preventable, if the proper security measures are in place and practiced regularly.
Any property owner who has reason to believe that a crime could happen–to a visitor, tenant, employee, or visitor–is required under the law to take the necessary preventative steps to keep these crimes from happening. Failure to take these proper steps could lead to the property owner being held liable for the injuries obtained by the victim.
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Negligent Hiring, Supervision, & Retention
Sometimes assaults are made on innocent victims by employees. Anytime an attack is made by a company employee who had access to potential victims while on the job, it is possible that the company could be made legally responsible for paying for any injuries sustained by the innocent victim that were caused by the employee.
A common example of negligent hiring is an employer failing to properly screen potential new employees and hiring an individual with a criminal past who goes on to commit an assault against someone. If an employee’s potentially violent behavior comes to light after being hired and they are kept on staff and allowed to continue working for the property owner and then go on to commit an assault, a claim for negligent retention may be supported. Similarly, if potentially dangerous employees are not properly supervised by employers and are therefore free to commit a violent act, it may be possible to establish a claim for negligent supervision.
Discuss Your Premises Liability Case with an Experienced Premises Liability Attorney
If you or a loved one was injured as a result of negligence in a public space, such as an apartment complex, convenience store, hotel, or some other place where security should be provided, the owner of that property may be liable for the injuries that were sustained. You may be entitled to legal compensation. To see if you have a valid claim for Premises Liability, please contact Hirsch & Lyon now to set up a consultation.
If you or a loved one is the victim of a physical assault or injury on someone else’s property, you may be entitled to compensation for any physical, emotional, or financial losses you have suffered. Contact Hirsch & Lyon by phone (602) 535-1900 or our Online Contact Form to set up your complimentary, obligation-free consultation.