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When your safety is disregarded while on someone else’s property, you are at risk of muggings, sexual assault, stabbing, theft, and violence. While these cases can happen anywhere, they are more prevalent in areas with lax security measures. For that reason, property owners and managers are legally required to take safety measures on their premises.
You may be eligible for compensation if you have been a victim of negligent security at a gas station, parking lot, nightclub, hotel, or anywhere in Rosenberg.
By filing an injury claim with the help of our premises liability lawyers in Rosenberg, you may be compensated for tangible and intangible losses.
At Lone Star Injury Attorneys, we have a team of Rosenberg negligent security lawyers committed to helping negligent security victims obtain the justice they deserve. Benefit from our nearly two decades of experience by reaching out today for a free consultation.
How Do I Know If I Have a Case?
Determining whether you qualify for compensation following a negligent security incident involves assessing various factors. In Texas, all injury cases are based on the concept of negligence. This means that not all cases are compensable. Understanding this is critical for personal injury victims.
First, you must consider whether the circumstances of the assault or attack were foreseeable. If so, could the incident be mitigated? All property owners have a legal duty to guarantee the safety of visitors and other persons legally on their premises.
For this reason, they must assess the risks present and take precautionary measures to prevent foreseeable harm. This draws back to the concept of negligence, where our personal injury lawyers in Rosenberg must establish the following:
A duty of Care Existed
The duty of care refers to the legal and moral obligation that a person or party has over the safety and well-being of another. This duty requires them to do everything reasonably possible to prevent foreseeable incidents from happening.
For example, property owners in high-crime areas have a duty to enhance security measures such as installing surveillance cameras or hiring security guards.
The Duty of Care Was Breached
Next, it must be demonstrated how the defendant failed to observe the duty of care. In a negligent security claim, the duty of care extends to property owners, security companies, landlords, and property managers.
Breach of duty may occur in various ways. For example, failing to hire well-trained security guards means they cannot foresee or prevent negligent security incidents. Similarly, defective or malfunctioning surveillance systems, such as CCTV, may fail to capture real-time footage of incidents on the property.
Causation
Causation in a negligent security claim establishes a direct link between a breach of duty and the resulting harm or losses. As the plaintiff, you carry the burden of proof to demonstrate causation.
Simply put, you must prove that the negligent security incident would not have occurred if proper security measures had been undertaken. An experienced Rosenberg negligent security attorney can help prove causation by retaining expert witnesses in different fields, such as security analysts.
Damages
Lastly, you must show the damages you suffered from the assault or attack. The damages you can recover vary but broadly encompass compensation for economic and non-economic losses. They include:
- Lost wages
- Loss of income-earning ability
- Physical pain and suffering
- Emotional trauma
- Past and future medical expenses
- Loss of consortium
- Loss of companionship
For a free legal consultation with a negligent security lawyer serving Rosenberg, call (713) 429-0711
How Long Do I Have to File a Negligent Security Claim?
Individuals who wish to pursue compensation following a personal injury have a limited time in Texas. The statute of limitations caps the limit to two years from the day of injury. This means you should bring your case forward as soon as possible before this timeline lapses.
If you fail to file your case as stipulated, you risk forfeiting your right to compensation. If the victim is a minor, they may have to wait until they reach the age of maturity (18 years old) to file a claim. Similarly, they have up to two years from the day they turn 18 to file a claim. When victims sue a state or government agency, the statute of limitations also applies.
A notice of claim must be filed within 180 days from the day of the incident. Personal injury cases involving the government can be challenging to litigate.
Besides being aware of these deadlines and limitations, potential claimants should also seek professional legal guidance. A skilled Rosenberg negligent security attorney can help you meet these and other requirements.
Rosenberg Negligent Security Lawyer Near Me (713) 429-0711
Speak to a Rosenberg Negligent Security Lawyer Today
The first step toward justice starts the moment you speak with us. We offer a free case review to ensure all your questions are answered. To learn more, call us today to schedule a meeting with our negligent security attorneys in Rosenberg.
Call or text (713) 429-0711 or complete a Free Case Evaluation form