What Are Negligent Security Accidents With Injuries?
Negligent security accidents can happen to anyone. No one is immune to the dangerous mistake businesses are liable for. It’s important that businesses ensure the health and safety of employees. When an employee travels to a location to perform their duties, they must be aware of the area’s crime rate. Accidental shootings, stab wounds, and assaults happen when one cannot properly protect themselves. These are instances in which an employee is not aware of the crime occurring at the location they’re performing their job. Business owners must put the safety of customers and employees first. It may cost more, but in the end, nothing is more costly than litigation resulting from liability in Negligent Security accidents.
This Shaked Law Resource article answers the following questions:
- Is there a burden of proof in a Negligent Security accident?
- What is “duty of care”?
- Is the victim responsible for proving anything in these cases?
- What is “foreseeability”?
- What is “restatement of torts”
Is there a burden of proof in a Negligent Security accident?
When it comes to Negligent Security accidents, the victim must show specific details that deem the business owner liable for their pain and suffering. This is the necessary “burden of proof”. It falls on the Personal Injury lawyer for the victim to properly convey it.
When it comes to a Negligent Security accident, a Personal Injury lawyer’s job is to provide proof on behalf of the client. This “burden of proof” must show that the business owner owes a direct duty of care to the employee. Furthermore, the Personal Injury lawyer must show that due to the negligence of the business owner, the client has injuries resulting in pain and suffering.
Is the victim responsible for proving anything in these cases?
Yes. The victim is also responsible for proving that they were on the property in a reasonable and legal manner. Was the employee doing a job? Were they shopping at a business? A judge will want answers to these questions to better assess the damages a victim receives after sustaining Negligent Security injuries.
What is “duty of care”?
“Duty of care” in Negligent Security accidents can mean the business owner fails in their due diligence to discover reasonable solutions to the crime rate. Moreover, “duty of care” first requires the business owner to seek out information on the crime rate and act accordingly to prevent it. If the business owner is negligent in their duty of care to protect their employees, they become liable for any injuries that occur as a direct result.
What is “foreseeability”?
“[…]Foreseeability is a requirement under tort law that the consequences of a parties action or inaction could reasonably result in the injury. In such cases, the resultant injury was reasonably predictable by a person of ordinary intelligence and circumspection as in the case of throwing a heavy object at someone.”
In most states, a judge determines foreseeability on precedent. This simply means: did similar crime take place in the area? This allows the victim’s lawyers to prove the business owner is not acting in a reasonable manner. As a result, if the property owner is aware of the crime rate, yet does nothing to take measures to secure the property to reduce crime, they may be liable for any visitor or employee who legally frequents the premises.
In such cases, the victim’s lawyers must prove the following:
- Duty of care was not exercised in discovering the area’s prior crimes, thus leaving employees and visitors vulnerable to harm.
- The plaintiff must prove he or she was on the premises in a legal manner; hired to do a job there, shopping at a business, etc.
- The property owner knew of security risks but fails to maintain or update their security. Therefore, they do not provide adequate protection for employees and visitors who must come onto the property.
What is “restatement of torts”?
Next, to be able to prove Negligent Security has occurred, the Restatement of Torts applies. What is this legal statute, and furthermore, why is it necessary in Personal Injury cases revolving around Negligent Security accidents? According to The American Law Institute the Restatement of The Law Second, Torts is as follows:
This work, widely relied upon and often cited by the courts, offers comprehensive and concise coverage of the law of torts, with scholarly and analytical discussion of particular rules. These volumes constitute a revision of the original Restatement of Torts and supersede the original work.
Finally, what is the purpose of this specific text? Why do Personal Injury lawyers rely on it in their more complex cases? The reason is simple: a lawyer utilizes this text because it covers causes in relation to physical and emotional harm. As a result, it applies to specific legal actions in liability claims. It’s an accurate summary of principles of tort law found within the United States.
While all of this may seem complex, for a lawyer with Board Certification, it’s something they practice on a daily basis.