Austin Inadequate Security Attorneys
Property owners are responsible for protecting people that visit their establishment. They’re supposed to take certain safety precautions, so no one gets hurt. Hiring security personnel is necessary to prevent instances of assault, robbery, or other acts that could lead to injuries. If you got hurt on someone’s property because of inadequate security, Gibson Hill Personal Injury might be able to help you hold the property owner liable.
Our Austin inadequate security lawyers have experience fighting for our clients’ rights and recovering the compensation they’re owed. We have the resources, knowledge, and skills to build a strong case that proves the property owner failed in their duties to protect you.
If you suffered physical harm, you have the right to file an insurance claim or lawsuit. To find out more about your legal options, call us at (737) 249-6300 for a free consultation.
The Problem With Inadequate Security
There are some businesses that require security guards to protect the public. Places like banks and jewelry stores could become the target of a robbery. Other establishments, such as nightclubs and hotels, need protection from violent intruders.
Injuries from inadequate security can occur on any of the following residential or commercial properties:
- Hotel or motel
- Apartment building
- Parking lot
- Convenience store
- Movie theater
- Recreational area, such as a park
- Bar, restaurant, or nightclub
- Parking garage
Inadequate security doesn’t just refer to a lack of security personnel. Victims can also sustain injuries if a security guard lacks proper training or there are broken lights in a parking lot. A property owner could be responsible for resulting injuries in the following situations:
- Damaged security cameras
- Poorly trained or inexperienced security guards
- Failure to notify guests of dangers
- Missing or broken lights in dark parts of the property
- Improper maintenance and repairs of locks, gates, security alarms, and doors
- Failure to promptly respond to an emergency or security breach
Inadequate security falls under the category of premises liability. It refers to the rules property owners must follow to ensure visitor safety and protect them from harm. When you’re pursuing a premises liability case, you must establish the following factors of negligence:
- The property owner owed you a duty of care to act or not act in a certain way;
- They breached their duty;
- If it wasn’t for their actions, you wouldn’t have gotten hurt;
- Their breach of duty was the direct cause of your injury; and
- You suffered bodily harm that resulted in damages.
Damages are the losses associated with an accident or injury. You could pursue the following damages in an insurance claim or lawsuit:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Property damage
- Mental or emotional trauma
- Out of pocket costs
The duty a property owner owes you depends on the type of classification you fall under: licensee, invitee, or trespasser.
Licensees are people who have the property owner’s consent to be on the property and showed up for their own benefit, such as attending a social event or fulfilling employment duties. The owner must provide warning of any dangerous conditions on the property.
Invitees set foot on the property with the owner’s permission and knowledge for mutual benefit. For example, someone who provides the business with a service at a fee is an invitee, such as a cleaning person. The owner should let them know about any hazards on the property.
Trespasses are parties that don’t have permission to be on another person’s property. The owner doesn’t have a duty to warn of dangerous conditions but does need to ensure they don’t cause injury.
This Is What You Should Do If Inadequate Security Caused Your Injuries
There are some steps you should follow after getting hurt on another person’s property. If the cause was inadequate security, you’ll need to collect relevant evidence to hold the property owner responsible.
- Report the incident to a manager and fill out an incident report. If necessary, call 911 so an officer can investigate the scene and write a police report.
- Speak to witnesses and write down their names and phone numbers. They could provide details that support your claim.
- Ask for the business’s general liability policy information so you can file an insurance claim.
- Take note of security measures the property owner failed to take, such as missing video surveillance, guards, or door locks.
- Take photos of the accident scene. If there’s a hazard that caused your injury, such as damaged lights, showing evidence of that could help your case.
- Go to the doctor and discuss the injuries you sustained. They’ll perform an evaluation and provide referrals for additional treatment. Continue to follow up with your medical providers until you recover.
- Hire an Austin inadequate security lawyer.
Why Choose Gibson Hill Personal Injury?
The biggest mistake anyone could make in your situation is choosing not to hire a lawyer. Premises liability cases are difficult to navigate. If you don’t have the necessary legal experience, you might miss a deadline or do something that ruins your chance of winning the maximum compensation. We understand the legal process and how to build a strong case that reaches our clients’ goals. When you hire us, we’ll protect your rights and ensure no one mistreats you.
We have the experience, resources, and skills to handle each step below:
Investigate. We’ll launch a complete investigation into your inadequate security claims and locate key evidence, including:
- Police/incident reports
- Statements from eyewitnesses
- Security camera footage
- Photos from the scene of your injury
- Personnel records
- Maintenance and repair records for security systems
Witnesses. We know how to track down witnesses and get them to cooperate in our investigation. We’ll ask them to provide details of what happened and what they believe led to your injury. If necessary, we’ll supply their statements to the insurance company or call them to the stand during trial proceedings.
Calculate damages. Our Austin inadequate security lawyers know how to review damages to determine a fair value. We’ll add up your expenses and evaluate the suffering you endured to come up with a number that the at-fault party should pay.
File a claim. If the property owner is at fault for the inadequate security, we’ll file a claim with their liability insurance company and negotiate a settlement that compensates you for your damages.
Lawsuit. Some situations require pursuing legal action in the civil court system. We will always be prepared to file a lawsuit against the at-fault parties when necessary.
Pursuing Compensation in a Lawsuit
Civil lawsuits follow specific procedures and require that the injured victim complies with strict deadlines. In Texas, there’s a statute of limitations for anyone who wants to sue someone for their negligent actions. The two-year statute means you only have two years from the injury date to file a lawsuit against the property owner or another party. After two years pass, a judge will likely dismiss your case if you attempt to file.
You’re entitled to seek compensation for damages, such as medical bills and emotional trauma. Another option called punitive damages is only available in a lawsuit. It’s challenging to recover punitive damages because of particular circumstances that must exist. If the at-fault party’s actions exhibited gross negligence, fraud, or malice, a jury might rule in your favor. You’ll need to provide clear and convincing evidence that their behavior resulted in your injuries.
Unfortunately, your compensation could become affected if your actions contributed to your injuries in any way. Under the modified comparative negligence rule, damages decrease proportionately to the percentage of shared fault. For example, if your damages total $100,000 but a jury finds that you share 20% blame, you would only be entitled to a maximum of $80,000. You might be responsible for your injuries, for example, if you entered a closed area of the property or knew about the dangerous conditions but didn’t attempt to avoid it.
Inadequate security can result in a dangerous situation that leads to severe injuries. If you get hurt on someone’s property because they didn’t take the necessary security measures, you could hold them accountable. Gibson Hill Personal Injury has an experienced legal team that will work hard to seek justice and fight for the maximum compensation you deserve.
You’re dealing with a stressful situation. The property owner failed to prevent you from harm, and now you’re struggling to recover. We’ll help you prove they’re responsible for your injuries and should pay for the expenses you incurred. You can depend on us to support you through this traumatic experience and provide ongoing guidance.
Our Austin premises liability lawyers take cases on contingency. You won’t have to worry about upfront fees or costs when you hire us. We don’t collect any legal fees unless we win compensation for our clients. If you don’t get paid, we don’t get paid.
Call us today at (737) 249-6300 to schedule your free consultation. We’re ready to discuss how a property owner’s inadequate security caused your injuries and the legal options available.