Indianapolis Inadequate Security Premises Liability Lawyers
Under Indiana law, property owners must maintain a safe environment for visitors. But what does this legal jargon actually mean? Put simply, it means that a property owner must keep premises “reasonably” safe and that includes potential harm from outsiders or 3rd parties.
For example, if an individual is sexually assaulted in a dark parking garage—the property garage owner may be liable. The following questions are relevant to determining that question:
- Was adequate lighting available?
- Did the garage have video cameras?
- Did they have a security guard patrolling?
- Is the garage in a bad neighborhood and this incident was foreseeable?
There are several factors to consider, but it is very possible to sustain a case with these types of facts.
If you were the victim of a crime committed on private property due to negligent security on the premises, you should contact a lawyer right away to discuss your legal options. Property owners have a duty to provide appropriate security on their premises. If a property owner does not enforce proper security measures, it can pose a threat to you and your family. Sometimes, it may even result in injury caused by another person’s criminal act.
Other inadequate security cases include:
- Wounded or shot in a bar
- Mugged in a store parking lot
- Injured in an apartment complex
- Wounded or attacked in a hotel
- Injured at a business location that you would expect to be safe.
Many of these situations can be avoided. It requires proper security to be in place and businesses to do their part.
If you were the victim of a criminal incident on property that was not secure, contact the Indianapolis inadequate security lawyers of Hankey Marks & Crider today at (317) 634-8565 or online to speak with a qualified legal professional about your legal options.
How Can a Premises Liability Lawyer Help Me With My No Security Case?
Premises liability cases can be extremely difficult to prove, particularly no security claims. Many factors may come into play, such as whether the owner of the premises is liable for criminal activity and assessing for a reasonable expectation of danger at the premises. An effective no security premises liability lawyer will be able to understand the details of the case, give you potential options for legal recourse, and argue your case to win the compensation that you need to recover.
If you are pursuing a claim for compensation after a no-security incident, then it is very likely that a criminal procedure will also take place. However, it is important to note that the criminal case will be different from any civil claim you may file. Even if the person who committed the crime against you is convicted, you will not receive any compensation unless you pursue a claim for compensation in civil court. Your civil claim will be brought against the negligent property manager, rather than the criminal who harmed you. Even if the criminal is never identified, you may still pursue a successful claim for compensation.
Why Choose Hankey Marks & Crider?
The Indianapolis no security premises liability lawyers of Hankey Marks & Crider have over 75 years of combined experience representing residents of greater Indianapolis who have fallen victim in a wide variety of personal injury cases. Our team of attorneys is dedicated to bringing justice to those who have wronged you through their negligence. A number of our lawyers have received accolades from top legal services firm Avvo, and Mr. Charles Hankey has been named to the Top 100 Litigation Lawyers in Indiana by the American Society of Legal Advocates. Additionally, our associate Ashley Marks has been named to the Top 40 Under 40 list by The National Trial Lawyers and selected as a Rising Star in Indiana by Super Lawyers.
With our range of experience and proven ability to deliver results, Hankey Marks & Crider will be an invaluable ally should you find yourself the victim of negligence. We will treat you and your case as unique, rather than using a one-size-fits-all strategy. We understand that you are going through a vulnerable time, and we can educate you on your legal options so that we can make an intelligent and thorough argument for your claim.
Types of No Security Cases We Handle
No security claims arise when you find yourself the victim of a crime that could have been prevented had adequate security been in place. There are a number of ways in which negligent or no security-related premises liability claims can arise. We have handled cases stemming from the following issues:
- Poorly trained or lack of security personnel: Inadequate or poorly trained security may provide an opportunity for a crime to be committed.
- Security guard misconduct: This can be the case if the hired security demonstrated complicity or gross negligence that lead to the crime you experienced.
- Malfunctioning/inadequate surveillance: Problems with monitoring can give criminals the opportunity to act.
- Locks or alarm systems (broken or inadequate): Property owners have a responsibility to protect the premises with functioning locks and/or alarm systems.
- Failure to search patrons or malfunctioning metal detectors: This security lapse applies to crimes that can occur at concerts or other secure venues.
- Poor lighting: The most basic security measures include well-lit staircases, parking lots or garages, staircases, or corridors.
While there are many causes for security lapses, there are two major factors that we take into consideration when we assess your claim and attempt to settle your no security premises liability case or argue it in court:
- The crime occurred as a result of the property owner’s negligence: Typically, this means that the property owner failed to make a reasonable effort to give adequate warnings about safety hazards, or they failed to install safety measures so that visitors could avoid injury or becoming a victim
- The crime was foreseeable: Foreseeable crimes generally fall under one of two categories. If the property owner knew that someone with a criminal past was on the premises, this could show that the crime was foreseeable. If the property owner knew potential violence existed in and around the property, meaning prior and similar crimes had occurred in that area under similar circumstances, this could also demonstrate that the crime was foreseeable.
A consideration when making a claim is what constitutes a reasonable level of security. Standard security features — adequately trained security (especially during business hours), lighting, intact and functioning security devices (such as locks) — are generally considered adequate measures for keeping the premises secure. If these measures were not implemented or maintained, they might constitute negligence or no security on the part of the premises owner.
If you are successful in your claim against the negligent property owner, you may be eligible for compensation for your medical expenses, property damage or loss of property, lost wages from missing work, therapy, and other losses.
Who Could Be Liable for Inadequate Security?
Various businesses in Indianapolis need to take basic security measures for the protection of their businesses, the employees, and their property. Some of the most common kinds of businesses that will have security measures in place include, but are not limited to:
- Shopping malls
- Apartment complexes
- Retail stores
- Bars or nightclubs
- Parks and recreational areas, including stadiums
- Convenience stores
- Parking lots
- Parking garages
- Office buildings
- Movie theaters
- Gas stations
- Event owners/organizers
People could be subject to all kinds of unlawful actions resulting in possible injuries or financial loss because of inadequate security. Criminal assaults are a common cause of injuries but some assaults may be sexual and other people may simply be the victims of robberies.
Frequently Asked Questions about Inadequate Security
What should I do if I’ve been the victim of an incident involving inadequate security?
If you are the victim of any kind of attack or other incident caused by a lack of proper security, your first step always needs to be seeking medical attention for yourself. Keep in mind that not all injuries have immediate symptoms, and insurance companies become less willing to compensate people who have delays in their medical treatment. Other important steps you can take also include:
- Call the Police — Make sure that you contact the local law enforcement agency to file a police report. The police report will prove critical for your personal injury claim.
- Take Pictures — If you have a cell phone with a camera on it or even an actual camera, use that to take as many photographs as you possibly can of everything involved in the scene of your incident. Get multiple pictures from various angles and distances showing that security was not present at the time of your incident.
- Seek Witnesses — When there are other people who happened to see your incident, you should get some kind of contact information from such individuals. These people could be very valuable witnesses later on if there is any doubt about your claims.
Always make sure that you speak to a lawyer before you talk to any insurance company. Insurers will never be on your side and many people can be understandably nervous about dealing with insurance companies, but an attorney can step in and speak to the insurer on your behalf so you will not have to worry about saying anything that possibly jeopardizes your claim.
What factors are considered when determining whether security was adequate?
An inadequate security claim will usually result in a premises liability lawsuit. A premises liability claim will usually argue that a property owner failed to fulfill their duty of care, so inadequate security often involves demonstrating a few factors demonstrating the lack of due care. The nature of a business can be one important factor, as additional security might be expected for certain establishments. Additionally, the actual location of an incident could also be important, as a business could have an expectation to provide security in a high-crime area. A property owner can be expected to take greater security measures when there has been prior criminal conduct on or near their premises.
What kinds of damages could I be entitled to for inadequate security?
With an inadequate security case, you could very well end up having an insurance company ultimately agreeing to settle the case before a lawsuit is even filed. In many other cases, insurers do not become willing to settle until just days or moments before a trial is set to begin. When an inadequate security case does reach the court, a victim who proves their case by a preponderance of the evidence could be awarded multiple kinds of compensatory damages. Economic damages are the kind of compensatory damages that covers the actual bills a person can prove and calculate, such as:
- Medical bills
- Lost wages
- Property damage
A person could also be awarded noneconomic damages, which are open to a lot more interpretation because they apply to more psychological or emotional forms of harm such as:
- Pain and suffering
- Loss of consortium
Punitive damages (also known as exemplary damages or vindictive damages) are technically available in Indiana, but they are rarely awarded. Furthermore, it must be proven by clear and convincing evidence that a defendant acted with malice, fraud, gross negligence, or oppressiveness, and punitive damages are limited to three times the amount of compensatory damages or $50,000, whichever is greater. A person only receives 25 percent of any punitive damages award as the other 75 percent is deposited into the Violent Crime Victims Compensation Fund.
Contact Hankey Marks & Crider Today to Discuss Your Options
If you have become the victim of a criminal act due to negligent security, you may be entitled to financial compensation. Hankey Marks & Crider is dedicated to helping our clients each step of the way, from assessing the case to determining what legal options you may have and fighting to win you the compensation that you need to return to a normal life.
Please contact the Indianapolis no security premises liability lawyers of Hankey Marks & Crider at (317) 634-8565 today to speak with a legal professional about your legal options today.