If you are reading this, you may be dealing with the aftermath of a negligent security incident in Pennsylvania. At McDonald At Law, we understand how overwhelming and confusing this situation can feel. You might be wondering what your options are and how you can move forward. Our team is here to guide you with compassion and legal experience. We want you to know that you do not have to face this alone. With our help, you can work toward achieving a successful result in your negligent security case.
What Is Negligent Security and How Does It Relate to Premises Liability
Negligent security is a type of premises liability claim that arises when someone is injured due to a property owner’s failure to provide adequate safety measures. Premises liability laws in Pennsylvania require property owners and managers to maintain their premises in a reasonably safe condition for visitors. This includes taking reasonable steps to prevent foreseeable harm, such as providing sufficient lighting, installing security cameras, hiring trained security personnel, or repairing broken locks.
When property owners fail in their duty to provide proper security, individuals may be at risk of harm from criminal acts such as assault, robbery, or other violent incidents. These situations can leave victims with serious physical injuries, emotional trauma, and financial losses. Understanding your rights under Pennsylvania’s premises liability laws can be crucial in pursuing justice and recovering compensation for your damages.
The Duty of Care Property Owners Owe to Visitors
In Pennsylvania, the duty of care that property owners owe to visitors depends on the visitor’s legal status. Visitors are generally classified as invitees, licensees, or trespassers. Invitees, such as customers or guests at a business, are owed the highest duty of care. Property owners must take reasonable steps to inspect and maintain the property to ensure it is safe for invitees. Licensees, such as social guests, are also owed a duty of care but to a lesser extent. Trespassers are typically owed minimal care, but there are exceptions for children or situations involving intentional harm.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
In negligent security cases, the duty of care often focuses on foreseeability. Property owners are expected to anticipate potential dangers and take reasonable precautions to protect visitors. For example, if a property is located in an area with a high rate of crime, the owner may be expected to implement security measures such as installing surveillance cameras, hiring security guards, or improving lighting in parking lots and walkways.
How Negligent Security Can Lead to Harm
Negligent security can occur in a variety of settings, including apartment complexes, shopping centers, hotels, parking garages, and entertainment venues. When property owners fail to address security risks, they create an environment where criminal acts are more likely to occur. This can result in harm to innocent individuals who had every right to feel safe on the premises.
For instance, a poorly lit parking lot with no security cameras or patrols can become a target for robberies or assaults. Similarly, an apartment building with a broken entry gate or malfunctioning locks can make residents and guests vulnerable to intruders. These failures can have devastating consequences for victims, leaving them to deal with physical injuries, emotional trauma, and financial hardships.
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Proving Negligence in a Security Case
To succeed in a negligent security case, it is essential to prove that the property owner’s negligence directly caused the harm you suffered. This typically involves demonstrating four key elements. First, you must show that the property owner owed you a duty of care, which depends on your legal status as a visitor and the circumstances of your visit. Second, you need to establish that the property owner breached this duty by failing to provide adequate security measures.
Next, you must prove that the breach of duty was the direct cause of the harm you experienced. This means showing a clear link between the property owner’s negligence and the criminal act that led to your injuries. Finally, you must provide evidence of the damages you suffered, including medical bills, lost wages, pain and suffering, and emotional distress.
Gathering evidence is a critical part of building a strong case. This may include photographs of the scene, security footage, police reports, witness statements, and testimony. At McDonald At Law, we understand how to thoroughly investigate these cases to uncover the facts needed to support your claim.
Common Defenses Property Owners May Use
In many negligent security cases, property owners and their insurers may attempt to shift the blame onto the victim or argue that the criminal act was unforeseeable. They may claim that they took reasonable steps to secure the property or that the crime was an isolated incident beyond their control. These defenses can make it challenging to hold property owners accountable, which is why having experienced legal representation is so important.
Verdicts & Settlements
At McDonald At Law, we are skilled at countering these arguments and demonstrating that the property owner’s negligence directly contributed to your injuries. We carefully analyze the circumstances of each case to identify the specific failures in security and show how those failures created an environment where harm was likely to occur.
The Role of Pennsylvania’s Comparative Negligence Law
Pennsylvania follows a comparative negligence law, which means that your ability to recover compensation may be affected if you are found partially at fault for the incident. Under this rule, your damages may be reduced by the percentage of fault assigned to you. For example, if you are found to be 20 percent at fault for the incident, your compensation will be reduced by 20 percent.
It is important to note that you can still recover damages as long as you are less than 51 percent at fault. However, property owners and their insurers may try to use this rule to reduce their liability, which is why it is crucial to have an experienced attorney who can effectively advocate for you.
Seeking Justice and Compensation
If you have been injured due to negligent security, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. Pursuing a claim can help you hold the property owner accountable and obtain the financial support you need to move forward. At McDonald At Law, we are committed to helping you achieve a successful result in your case.
We understand that this may be a difficult and uncertain time for you. Our team is here to provide the guidance and support you need to navigate the legal process with confidence. We take the time to listen to your story, answer your questions, and develop a strategy tailored to your unique situation.
If you or a loved one has been harmed due to negligent security, you do not have to face this challenge alone. At McDonald At Law, we are dedicated to protecting the rights of victims and helping them pursue justice. We offer compassionate representation and work tirelessly to secure the best possible outcome for our clients.
To learn more about how we can help with your negligent security case, contact McDonald At Law today. Our team is here to answer your questions and provide the support you need during this difficult time.