Negligent Security and Sexual Assault
Crimes like sexual assault occur daily in the United States. Although a crime can take place anywhere or at any time, there are certain conditions that make crimes more likely. A poorly lit and monitored property is one example. If negligent security encourages or allows for sexual assault, victims in the Salt Lake City, UT area may wish to file a premises liability lawsuit. Premises liability makes property owners responsible for injuries or damages that occur on their property if they did not take measures to create a safe environment for invited guests. The experienced attorneys at Flickinger Sutterfield & Boulton can help sexual assault victims file a premises liability lawsuit so that they can be compensated for the full extent of their losses. Examples of Negligent Security Property owners are allowed to make their own decisions regarding security for their land or buildings. Although there are no rules that stipulate what type of security should be in place, it must be adequate enough to discourage accidents, injuries, and crime. The location of the property and the crime rates in the area should also be considered when securing a property. If a person is sexually assaulted on a property, evidence of negligent security may include: Insufficient lighting for outside structures or within parking lots A lack of fencing or entry gates Broken locks Lack of security system or cameras (or malfunctioning security devices) Insufficient security staffing or improper training of security staff Grounds for Premises Liability Property owners cannot be held accountable for every criminal act that occurs. However, a premises liability lawsuit can be filed by sexual assault victims if certain factors are met: The sexual assault victim is injured or suffers other damages or losses as a result of the crime There is ample evidence to show that the sexual assault was linked to negligent security The property owner had reason to anticipate the crime and failed to put appropriate security measures in place Damages in Premises Liability Cases As with any other lawsuit that is filed in civil court, damages in a premises liability case will be unique in each situation. Our attorneys will seek appropriate compensation based on each client’s losses. Potential damages in cases of sexual assault linked to negligent security include: Medical expenses (past and future) Lost wages or a loss of wage-earning potential Pain and suffering Emotional distress Diminished quality of life In certain cases, punitive damages may also be rewarded in a premises liability lawsuit. Our attorneys will seek punitive damages in cases of blatant negligence. Punitive damages serve as a punishment to liable parties and are meant to discourage similar situations in the future. Contact Us If you are a victim of sexual assault and you believe that the crime was the result of negligent security, you may want to file a premises liability lawsuit. Contact the attorneys at Flickinger Sutterfield & Boulton to discuss the details of your case. You can reach us by calling (801) 370-0505.
The Dangers of Negligent Security and Shopping Centers
When people spend time at shopping centers, they expect to feel a level of safety for themselves and their possessions. Unfortunately, assault and theft can happen when security is negligent. When this occurs, a premises liability lawsuit may be filed to hold property owners accountable for their negligence. The attorneys of Flickinger Sutterfield & Boulton are experienced in representing victims of negligent security at shopping centers in and around Salt Lake City, UT. If you are the victim of a crime that you believe resulted from negligent security, our attorneys are standing by to help with your case. What Is Negligent Security? Property owners or property managers have a legal responsibility to protect customers or guests on their property from predictable harm. When it comes to shopping centers, it falls on the property owner or manager to take necessary measures to keep customers and patrons safe while they shop or work. Part of this responsibility is providing proper levels of security. Negligent security means that insufficient or no security measures are in place, leaving customers, patrons, and guests of the property at risk of assault, theft, or property damage. When there’s a lack of security measures and an injury, property damage, or theft occurs, it may be possible for victims to recover damages through a premises liability lawsuit against the property owner. Examples of Negligent Security at Shopping Centers Negligent security at shopping centers can affect customers, employees, or anyone who spends time on the property. Some examples of negligent security include: Poor lighting or no lighting: Poor lighting or no lighting can increase the risk of violent crimes. Adding lights to dark areas, such as parking lots, can help discourage violent attacks and theft. Proper lighting can also help prevent accidents, such as tripping or slipping. Lack of security cameras: Security cameras can help deter crime, especially in areas where crime is more likely to occur at a shopping center, for instance around ATMs and parking lots. Security cameras also provide valuable information when a crime does take place, specifically identifying information for a suspect. Without cameras, it can be difficult to find the person who perpetrated the crime. Lack of security guards: Security guards and other security personnel regularly patrolling shopping centers can help scare away criminals and protect customers, employees, and guests from being victimized. Without security guards or a sufficient number of security guards, people and their possessions may be vulnerable while shopping or working at a shopping center. Missing or broken locks: Businesses in shopping centers must have functioning locks in order to protect merchandise and employees from theft or assault. Without proper locks, intruders may be able to enter a business in restricted, employee-only areas or enter after business hours, leaving businesses vulnerable to theft and employees vulnerable to violent crime. Holding Negligent Property Owners Accountable Those who have suffered an injury, assault, loss of property, or property damage as a result of negligent security, may be able to recover compensation for pain, suffering, and other damages through a premises liability lawsuit. Through a premises liability lawsuit, property owners who fail to provide proper security measures to protect customers and employers from foreseeable criminal activity, like a mugging in a dark parking lot, can be held accountable for their inaction. Contact the Attorneys of Flickinger Sutterfield & Boulton If you have been the victim of a crime at a shopping center lacking proper security, you may be entitled to compensation for your pain and suffering. To find out if your circumstances are grounds for a premises liability lawsuit, call our legal team at (801) 370-0505 to schedule a consultation.
Negligent Security and Apartment Complexes
People who live in apartment complexes should be able to feel safe in their environment. Unfortunately, an unsecure apartment complex can attract criminal activity. Crimes like robbery, battery, and sexual assault can leave victims with physical injuries, emotional trauma, and financial losses. The person who perpetrated the crime is responsible for his or her own actions. However, in some cases, the owner of the apartment complex may also hold partial liability. Premises liability laws hold property owners up to certain standards, such as maintaining a reasonably safe property. One part of creating a safe environment is putting security measures in place that are adequate for the area. Victims of crimes related to negligent security at an apartment complex in the Salt Lake City, UT area can work with the experienced premises liability attorneys at Flickinger Sutterfield & Boulton to learn more about their legal options. Defining Negligent Security Negligent security is a type of premises liability that describes a property owner’s failure to take adequate security measures. There are no set standards used to define “adequate” security. Essentially, a property owner should take the necessary steps to provide security measures that are reasonable based on the location of the property and the type of property. Although this is largely subjective, most people would agree that apartment complex owners should have certain safety features in place, such as: Ample lighting (especially in parking lots and other outdoor areas) Secure locks Gates or security fencing Alarm systems and cameras Trained security guards A lack of security features alone is not enough to substantiate a negligent security case. If a person is seeking compensation for damages stemming from a crime, they must be able to show: That a crime took place That they suffered losses as a result of the crime That the property owner where the crime took place had reason to anticipate the likelihood of such a crime (crime records for the area can be a key piece of evidence) That the property owner failed to implement security measures that would help deter the crime Seeking Compensation Most crime victims are not aware that criminal charges and civil actions are completely separate. Even if a person has been charged and convicted in a criminal case, the victim can still seek compensation for damages through civil court. If a property owner is found liable for the victim’s losses, the court can order them to provide compensation for damages, which may include medical expenses, the cost of rehabilitation and therapy, lost wages, and pain and suffering. Contact Our Firm If you are the victim of a crime that you believe was related to negligent security, you may be able to seek financial compensation through a premises liability suit. Contact our legal firm at your earliest convenience by calling (801) 370-0505. The experienced attorneys at Flickinger Sutterfield & Boulton will listen to the details of your case and advise you on your best course of legal action.
What Are Compensatory Damages?
In civil cases, damages are a monetary award to a plaintiff, rewarded when a defendant has been found negligent for the incident that occurred. In personal injury cases, these damages area given to the injured party and/or their loved ones when the defendant has been found negligent in their actions and liable for the injury occurring. Our Provo, UT personal injury attorneys always look out for the client’s best interests, and help them understand what is covered by legal damages. Compensatory damages are essential following an injury accident, as they help cover losses associated with the incident. The attorneys of Flickinger Sutterfield & Boulton would like to cover the basics about these matters below. Types of Legal Damages There are two kinds of legal damages in civil cases: Compensatory Damages – These damages are intended to cover material and financial losses associated with an accident occurring. Punitive Damages – These damages are intended to punish the negligent party for their actions; not linked to any actual loss but the nature of the incident. While our primary focus will be on compensatory damages, we will include some additional insight into punitive damages to give you a better understanding of how each function differently. What Is Covered by Compensatory Damages? Compensatory damages can cover a whole host of expenses and losses. This may include the following: Medical expenses Damage to property Lost wages Physical rehabilitation Psychological counseling/therapy Lost future earning potential During a discussion with your attorney, you can determine whether or not an injury-related expenditure should be sought in compensatory damages against a client. An Example of Compensatory Damages in an Injury Case As an example, let’s say that a woman is seriously injured in an accident with a large truck. The accident has resulted in a broken leg, a herniated disc, and a concussion, and her vehicle is totaled in the process. Thankfully she has survived the accident, but healing will require time. Compensatory damages will cover her medical expenses and any need for physical therapy to help with the full recover process. Compensatory damages will also cover the market value of her vehicle, which must now be replaced. Since she will not be able to work as she is recovering from her injuries, compensatory damages will also cover any lost wages she experienced during this time. Should the accident result in reduced mobility or ability to perform certain tasks essential to this woman’s career, compensatory damages will also cover this loss in future earning potential because of the limitations imposed on her as a result of injury. Compensatory Damages in Wrongful Death Cases If you lose a loved one in an accident, compensatory damages can also be sought as part of a wrongful death lawsuit. In these instances, the compensatory damages will cover funerary costs, grief counseling, and emotional pain and suffering associated with the death of a loved one. Calculating Compensatory Damages To calculate compensatory damages, your lawyer will go over bills, receipts, and invoices related to various losses associated with the incident. For future earnings, the amount can be estimated and calculated fairly, in a manner that conservatively considers the expected increase in wages or salary over time. This differs from punitive damages, which are not linked to any sort of material losses and must instead be determined using similar cases as a guide. Disputes Over What Qualifies as Compensatory Damages There are sometimes disputes over the amount of compensatory damages sought, or if an expense really is covered by compensatory damages. Should these kinds of issues arise, it’s essential that you speak with your attorney about these matters. The legal insight they can provide will prove essential for these matters. Speak with Experienced Attorneys About Your Case For more information about your legal rights and options in a legal case, be sure to contact our experienced personal injury and accident lawyers. We are here to help. You can reach the Provo office of Flickinger Sutterfield & Boulton at (801) 753-1616.