By posting warning signs, installing security cameras, improving lighting, or hiring security personnel, property owners can create a safe environment for residents, visitors, and other guests.
Unfortunately, many property and business owners in Chicago neglect these known risks. As a result, some individuals can suffer serious injury or even death. These responsible parties can be held accountable when you pursue a negligent security claim.
At Thomas Law Offices, we can handle your claims involving inadequate safety measures that caused harm. Contact our Chicago negligent security lawyer to learn more about your options for recovering compensation for medical bills, lost wages, and other damages.
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Negligent Security Claims in Chicago
A negligent security claim is a type of premises liability case. According to 740 ILCS 130, which is our state’s Premises Liability Act, property owners owe their visitors a reasonable duty of care. That means an owner needs to take steps to ensure others’ safety on their property.
When a crime victim has suffered injuries or other losses due to absent or inadequate security measures, they may be able to hold the property owner or manager accountable for that harm. In these cases, harm can include everything from physical injuries to emotional trauma or even wrongful death. In short, this criminal activity could have been prevented if the property had been properly secured.
Like any civil case, these claims focus on the elements of negligence, which can include:
Duty of Care
All property owners, especially those managing businesses or rental properties, have a legal obligation to make sure visitors, residents, and guests remain safe on their properties. In Chicago, these individuals must provide reasonable security measures, such as adequate lighting, surveillance cameras, security personnel, and working locks.
The level of security required will depend on the type of property and the likelihood of criminal activity in the area. For example, a parking garage in a high-crime area would require more security measures than a structure in a residential neighborhood.
Breach of Duty
When a property owner fails to meet their duty of care, that is a breach of duty. In these cases, the property owner knew or should have known that there was criminal activity in the area and failed to take measures to secure their property. Some examples of this breach can include:
- Poorly lit parking lots, stairwells, or common areas that could increase the risk of criminal activity.
- Unmaintained cameras, alarm systems, or security gates which leave individuals vulnerable.
- Failing to employ security guards or patrol services can be considered negligent in areas known for higher crime rates.
- Broken or missing locks on doors, windows, or gates can provide easy access for criminals.
Causation
With your claim, you must show that a lack of security measures directly contributed to the criminal act and your resulting injury. This can be one of the most challenging aspects of a negligent security claim. For example, if you were assaulted in a dimly lit parking garage, you would need to demonstrate that proper lighting could have deterred the attacker.
Damages
Finally, you will need to show that you have suffered actual harm or damages due to the crime. These damages may be:
- Medical expenses for treatment of injuries you sustained during the crime.
- Your mental health impact of being a crime victim, which can include anxiety, PTSD, and other emotional distress.
- Lost wages due to your inability to work
- Compensation for the overall impact the crime has had on your life.
What Are a Few Common Locations for These Negligent Security Claims?
In Chicago, negligent security can happen in various places, from private hotels to public parks. All property owners must take strong security measures to keep individuals safe in these spaces. Some of these locations could include:
- Apartment complexes: Landlords must make sure that their buildings have secure entrances, functioning locks, and security features like surveillance cameras, especially in high-crime areas.
- Parking lots and garages: These places can be an ideal target for theft and assault. With that in mind, these areas must be well-lit and monitored.
- Hotels: Owners are responsible for ensuring the safety of their guests. They may need to hire security personnel and use card-activated locks to prevent unauthorized access.
- Bars and nightclubs: Unfortunately, these spots often serve alcohol, which can increase the likelihood of altercations or violent incidents. Usually, these establishments may need to have security guards and procedures in place to manage conflicts or prevent harm.
- Shopping malls and retail stores: These types of businesses should install cameras and hire security staff to prevent theft, assault, or other crimes against customers and employees.
If you have been injured due to negligent security in Chicago, talk to Thomas Law Offices today. We can assess the validity of your claim and help you take those next steps.
How to Prove a Negligent Security Case in Chicago
While negligence is the main focus of these cases, you will need to have evidence to submit any of these claims. Some of these pieces of evidence can help to solidify your claim:
- If surveillance cameras exist, footage of the incident can show the level (or lack) of security on the premises.
- Crime statistics or police reports showing a history of criminal activity in the area can prove the property owner should have been aware of the risk.
- Statements from employees, other tenants, or witnesses to the crime can provide some insights into whether the property owner took reasonable steps to prevent the incident.
- Security experts may be brought in to testify about how proper security measures could have prevented the crime.
Sometimes, these cases may be covered by both criminal and civil law. In the criminal court system, the state will prosecute the offender for their actions. They could face fines, penalties, and other consequences if found guilty. However, if you want to recover damages for your losses, you will need to file a civil case against the offender and the property owner who provided negligent security in these instances.
Like most cases, you must file your case within two years from the time of the incident, known as the statute of limitations. If you fail to do so, you could risk losing your right to seek compensation.
Some individuals may believe that their actions led to the incident. However, in Illinois, the state follows the comparative negligence standard. That means that even if you are found to be partially at fault for your injuries, your compensation may be reduced by the percentage of your fault. Find out how our Chicago negligent security lawyer can assist with your potential case.
Why You Need Legal Representation for These Cases
Negligent security claims are complicated. Not only do you have to experience some damage, but you need to prove that the property owner knew or should have known about the dangerous situations around the property. These owners and their insurers will likely fight these claims to avoid liability. With that in mind, you will want an experienced personal injury lawyer for your case. They can:
- Investigate the property’s security history and prior incidents of criminal activity.
- Identify the appropriate parties to hold accountable, including landlords, business owners, or security companies.
- Negotiate with insurance companies for a fair settlement or take the case to court if necessary.
Contact Thomas Law Offices today if you are ready to take action regarding your possible negligence security claim.
Contact Our Chicago Negligent Security Lawyer Today
If you have been hurt due to inadequate security, you may be able to take legal action. Our Chicago negligent security lawyer can provide a free case evaluation to help you understand your rights under Illinois law.
Reach out to Thomas Law Offices to schedule a free consultation. These are your first steps to recovering medical expenses, lost wages, and other expenses related to this incident. It is time to hold these negligent parties accountable for their actions.