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Rockford negligent security lawyersWhen a person is harmed during a robbery or attack, criminal charges are often brought against the aggressor. While this may bring the perpetrator to justice, it does little to  address the injuries caused to the victim. A person hurt in an act of physical violence may suffer lacerations, broken bones, internal organ damage, traumatic brain injury, and other serious physical injuries. He or she may also experience deep emotional pain and psychological scarring. In some cases, a civil lawsuit brought against the owner of the property on which the attack occurred may enable a victim to recover compensation.

What is Considered Negligent Security?

Property owners cannot be expected to prevent every injury on their property, but they are required to keep their property free of foreseeable dangers. This includes equipping the property with adequate lighting, locks, cameras, and other security measures. The level of security that a property should have is largely determined by the property’s location and the frequency of crime in the area. For example, If a store owner knows that two customers have already been mugged in the dark parking lot outside of his store, he should have lights installed and take other steps to help prevent future muggings. If he fails to take these steps and another customer is injured as a result, the customer may have a valid personal injury claim. 

Lawsuits for negligent security may be brought against a store, restaurant, bar, hotel, apartment complex, or other facilities. Such suits may be filed in addition to any civil claims made against the perpetrator, as permitted by law. It is possible to have more than one party share liability for your injuries. 

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Winnebago County personal injury attorneysBeing assaulted is a nightmarish experience to endure. If you have been injured in a robbery or any other type of attack, you may be left with significant mental trauma and expensive medical bills. One way you may be able to receive compensation for these and other damages caused by the assault is through a premises liability lawsuit. If inadequate security was to blame for the assault, you may bring a civil claim against the property owner in addition to any civil claim or criminal charges you press against the attacker

Examples of Negligent Security

Property owners and managers have a legal obligation to keep properties reasonably safe for individuals who are invited onto the property. A property owner cannot guarantee the safety of everyone who enters his or her property, but the owner must appropriately address foreseeable risks. When a property owner does not fulfil this obligation and a visitor to the property is injured as a result, the owner may be liable for the damages caused by the injury. Examples of negligent security may include:

  • A hotel owner fails to fix a broken lock on a room door
  • A parking garage owner does not replace burnt out lightbulbs even though several patrons have been robbed in the garage at night
  • The owner of a mall in a high crime area fails to hire enough security guards to adequately patrol the parking lot
  • A landlord knows that a tenant is selling drugs out of his apartment but does nothing to stop it

Pursuing Compensation for Inadequate Security

Premises liability lawsuits may be brought against the owner or manager of a store, restaurant, bar, mall, hotel, apartment complex, parking garage, resort or other property. Victims of a shooting, assault, battery, rape, sexual assault, or other injury-causing attack may bring an injury claim against a property owner. If negligent security contributed to a fatal attack, the surviving family of the deceased person may bring a wrongful death lawsuit. The victim or victim’s family may be compensated for medical bills, lost income due to missed work, pain and suffering, mental anguish, and more.

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WInnebago County personal injury attorneysSlipping and falling can cause devastating injuries in mere seconds. A person who falls and hits their head on concrete, for example, may suffer a traumatic brain injury which leaves them with agonizing pain and other adverse symptoms for months. Slip and fall injuries can also incur tens of thousands of dollars’ worth of medical bills. A serious fall can take away a person’s independence, their ability to work, and significantly decrease their quality of life. If you or someone you know was injured in a slip and fall accident, you may wish to pursue compensation through a premises liability lawsuit. In order to be awarded financial damages for injuries related to a slip and fall, you and your legal team must prove liability, or responsibility, for the accident.

Legal Responsibility for Your Injuries May Lie with the Property Owner or Manager

Property owners have a legal responsibility to keep their property safe for individuals who legally visit the property. For example, a store owner must endure that spilled liquid is marked as hazardous and cleaned up as soon as possible.  If the owner knows that a slippery substance is on the floor and does nothing to address the situation or warn customers of this danger, he or she may be liable for an injury caused by the environmental hazard. Similarly, a residential property owner who has a broken staircase can be held liable if a visitor to their property falls from the staircase and is injured. In some premises liability cases, the person or entity that manages or oversees the property is the responsible party instead of the property owner.

Proving Negligence is Required for a Successful Premises Liability Lawsuit

Not every slip and fall accident is the fault of the property owner or manager. Sometimes, a person is injured in a freak accident which is not caused by negligence on the part of the property owner. Negligence occurs when a party owes a duty to another and fails to uphold that duty. With slip and fall accidents, a property owner has a duty to ensure that his or her property is reasonably safe and free of danger before allowing visitors or patrons onto that property. A property owner who does not regularly maintain the property or who ignores potentially dangerous conditions will likely be considered negligent.

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Rockford personal injury attorneysImagine this scenario: You are at a friend’s house enjoying a party. While walking upstairs, you experience a horrible slip and fall. You are taken to the hospital where you learn you have significant injuries that will require thousands of dollars’ worth of medical care, corrective surgery, and physical therapy. Even worse, you will be out of work for months, so you will lose money this way as well. You may be asking yourself, “Would my friend’s homeowner’s insurance cover any of these expenses?”

Does the Property Owner Have Insurance?

The first question to consider if you have been injured at a friend or neighbor’s house is if the property owner even has homeowner’s insurance. Fortunately, most homeowners do. Mortgage companies require homeowner’s insurance, so if a person has a mortgage and is still paying off their house, they should have homeowner’s insurance. However, there is still the chance that a person who owns their home free and clear and has no mortgage might not have homeowner’s insurance.

Report the Incident to the Insurer Immediately

If the owner of the property on which you were injured does have homeowner’s insurance, you should report the incident to the insurer as soon as possible. Waiting too long to report the claim can make you lose credibility in the eyes of the insurer. There is no register of homeowner’s insurance information, so the only way you will be able to know the name of the insurer is to ask the property owner.

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Rockford personal injury attorneyIf you are a parent, you know how difficult it can be to leave your child in the care of someone else. Whether you are dropping the child off at school, daycare, or extracurricular activities, you likely worry about the quality of care and supervision that your child will receive. While the majority of childcare workers take pride in keeping children’s safety their top priority, some facilities employ staff who do not take the steps necessary to ensure the safety of the children left in their care. When childcare staff, bus drivers, teachers, nannies, and other individuals tasked with caring for children fail to properly do their job, the results can be deadly.

Three-Year-Old Boy Passes Away After Being Left in Hot Bus

A Houston bus driver has recently been indicted for “injury to a child by recklessly causing serious bodily injury or death” almost exactly a year after he allegedly left a young boy in a scorching hot bus. The horrific incident was first discovered when the boy’s father came to pick up his child from a Houston area daycare. When workers could not locate the child, the father started searching for his son. That is when he found his three-year-old unresponsive in the 113-degree daycare bus. The children had taken a field trip to a park, but not every child had disembarked the bus upon their return. Despite efforts to save the young boy’s life, he passed away.

Prosecutors Say Bus Driver’s Negligence Caused the Child’s Tragic Death

The issue of children being left in hot cars or buses is sadly not unheard of. According to Kids and Cars, a safety organization working to prevent incidents such as this, an average of 37 children die every year after being left in hot vehicles. Because of the heartbreaking frequency of child deaths related to hot cars, some buses are equipped with special safety measures to prevent children from being left unattended. Prosecutors say that although this bus had a passenger safety alarm designed to prevent passengers from being left behind, the bus driver had disengaged this alarm. The parents of the boy killed in the hot bus have filed a lawsuit against the daycare.

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