No one expects to be affected by criminal activity when they’re out in public, in a common residential area like an apartment complex, or visiting a business—but these unfortunate situations do happen. If you have been affected by criminal activity in one of these areas, you may be able to pursue a personal injury claim with a negligent security attorney.
Negligent security claims arise when property owners fail to take reasonable steps to protect individuals from foreseeable criminal activity on their premises. Victims often misunderstand the laws that apply to these cases. This misunderstanding can limit their pursuit of justice and ability to secure compensation.
One of our referral partners, Atlanta personal injury attorney and Jackson Injury Law founder Christopher Jackson, recently shared with us some of the common assumptions that victims often make about these cases. He also explained why consulting with an attorney is so important for pursuing compensation and closure after an incident.
Myth #1: “We Need to Know Who Committed the Crime for a Negligent Security Attorney to File a Claim.”
A prevalent misconception is that identifying the perpetrator is crucial for pursuing a negligent security claim. Mr. Jackson emphasizes that this is false.
“I think a lot of people have valid cases. But they don’t even think to call an attorney because they’re playing lawyer in their head,” Jackson said. “They assume there’s no reason to call. But when my phone rings, I can tell victims within 15 or 20 minutes whether or not they have a credible case.”
A negligent security attorney will focus your claim on the property owner’s negligence, not the criminal’s actions. An attorney who specializes in negligent security claims can investigate and find answers to questions like:
- Did the property owner have knowledge of prior criminal activity in the area?
- Did the owner take reasonable steps to deter or prevent such incidents?
- Were adequate security measures like lighting, cameras, or trained personnel in place when the incident occurred?
The answers to these questions, not the perpetrator’s identity, are the determining factors in filing a negligent security claim.
Myth #2: “My Case is Hopeless Because I Was Injured Inside of My Apartment.”
Property owners have a duty to maintain common areas in a reasonably safe condition. However, this duty generally does not extend to the interior of individual units.
That said, there can be exceptions. If the attack originated in a common area, such as the hallway or parking lot, and extended into the victim’s apartment, a negligent security claim may still be viable.
Myth #3: “My Case Isn’t Worth Pursuing Because the Criminal Will Never Pay.”
Victims often mistakenly believe that their only recourse is to sue the criminal, who may be insolvent or impossible to locate.
Frankly, that assumption is largely correct. Even if you file a civil suit against a criminal for damages, it’s extremely unlikely that you will ever collect. That’s why the focus of a negligent security claim typically shifts to the property owner.
“Let’s say there’s a shopping center parking lot known for criminal activity, and the property owner hasn’t done anything about it. If you’re assaulted there, that property owner can pay for your medical bills and your pain and suffering,” Jackson said.
By holding the property owner accountable for their failure to provide a safe environment, victims can seek compensation for their injuries, including medical expenses, lost wages, and pain and suffering.
Correcting Misperceptions to Protect Victims’ Rights
Correcting misconceptions about negligent security is essential for protecting victims of crime. By working with a skilled attorney like Christopher Jackson, individuals can better understand what constitutes a negligent security claim and investigate their options for seeking justice and compensation.
Remember, even if you don’t know who attacked you, the property owner may still be held responsible for failing to protect you from foreseeable harm.
