When visiting a store or business, patrons should be able to rely on the property being a relatively safe space. If a business owner knows about a risk of harm, it should take efforts to protect its customers. When negligent property owners fail to do so, they should be held liable for the injuries that result. The Nashville premises liability lawyers at Martin Heller Potempa & Sheppard PLLC assist victims who have been injured on another party’s property due to negligent or inadequate security.Bringing a Claim Against a Business Based on Negligent Security
Generally, businesses are not responsible for crimes committed by another party on their property. However, when those crimes are foreseeable, they may be held accountable for the harm that a customer suffered. A business owner has a duty to take reasonable security measures to protect customers from unlawful activity. If a property owner is aware of a pattern of criminal behavior, or if the nature of the business being conducted is prone to criminality, the business may have a legal duty to take customer safety into account. For instance, if a retail store becomes aware of assaults occurring in the parking lot of its facility, but it fails to properly light the area or otherwise take action to prevent further assaults, it might be liable if a shopper is assaulted in the parking lot while walking to their car.
When determining a defendant’s potential liability for negligent security, a court usually will consider the following factors:
- The kind of criminal activity that has been reported to the authorities, including the type of crime and its frequency;
- The property owner’s or management’s knowledge of security risks;
- The degree of potential harm, given the nature of the known crimes; and
- Whether or not implementing security measures would constitute an undue economic hardship for the property owners.
Injuries and subsequent negligent security claims may originate from a variety of failures on the part of a property owner. These failures may include a lack of security guards or negligence by security guards, inadequate lighting in stairways or parking lots, or a failure to install or properly maintain lights or security cameras. In personal injury and wrongful death claims, compensation for a victim’s injuries may include medical costs, loss of income and earning capacity, and pain and suffering. Consulting an experienced personal injury attorney who can help investigate and determine the factors that contributed to a victim’s harm while visiting another party’s property may be vital to preserving the victim’s legal rights.Seek Representation from a Premises Liability Lawyer in Nashville
If you were a victim of a preventable crime or another type of accident while visiting someone else’s property, the Nashville premises liability attorneys at Martin Heller Potempa & Sheppard PLLC can assist you in your legal claim. We offer representation to people throughout Davidson and Williamson Counties, including residents of Franklin, Cool Springs, East Nashville, and Hillsboro Village. Call us at 615-800-7096 or contact us online to discuss your case with an injury attorney.