Nashville Negligent Security Lawyer
All business owners, whether it be a grocery store or an apartment complex, have a duty to maintain a safe environment. They have a duty to protect their customers from any foreseeable crime or criminal activity. This can mean making sure the parking lot and walkways are well lit. If they are in a high crime area, it would be foreseeable to have security officers and security cameras.
If you have been injured or harmed due to the action or inaction of another, contacting a Nashville negligent security lawyer can assess whether you have a case for damages. Speaking with an experienced premises liability attorney may be critical to the outcome of your case.Defining Adequate Security
Adequate security is defined as having enough protection for customers in a particular situation. At a bank, armed security would be required because everybody knows that banks gets robbed. If a nursing home would need security, proper background checks on security guards and on the other employees would be required to maintain a safe environment for everyone.
Adequate security can include parking lot surveillance as well. This would depend on the type of business it is, the past criminal activity in the area, and the likelihood or foreseeability of crimes occurring in the future.Preventable Criminal Attacks
There is no specific definition for preventable criminal attack under the Law in Nashville. An attack is usually something that happens to someone such as personal injuries. Often, crimes that happen are simple car break-ins or things like that, and not a personal attack.What do these Criminal Attacks Stem from?
Criminal attacks usually stem from robbery, criminal assault or rape. Possible causes can be violent crime at a business or an apartment complex where that activity has occurred before or is likely to occur.Liability Possibilities for Security Cases
Whoever was in control or had the opportunity to use control of the property would be liable in a negligent security case. This could be the person or business that owns the property. The owner will often be named because they still have a duty as the owner of the property. If there is a property management company, it could be sued as being the responsible entity.
If there is a security company that did not do a good job, it could be sued and held responsible. The individual can technically be named in a lawsuit but because criminals are not the greatest defendant, they usually do not have anything and are going to be punished by the District Attorney and put in jail.Nashville Statute of Limitations
In Tennessee, there is a one-year Statute of Limitations for personal injury or wrongful death cases. Once the event happens, there are a few exceptions (like if the victim was a minor).Difference from Premises Liability Cases
The elements of a negligent security case are similar to that of a premises liability case. It will still need to be determined whether the owner knew there was a danger, and if they protected the victim against that danger.
These cases all focus more on the foreseeability, so they are more expert driven. A Nashville negligent security lawyer can retain a retired policemen or street experts to come in and talk about the criminal history of this area, what was done versus what should have been done. The focus is on the victim of the crime.Proving Negligence
The plaintiff needs to prove what the crime was and if it could have been prevented. If it could have been prevented, it is relevant to establish whether the business or owner did anything in an attempt to do so.How can the burden of proof fall on the plaintiff?
The burden of proof always starts with the plaintiff in any civil case in Tennessee. The plaintiff will need to prove that the crime was foreseeable and that there was a failure to protect the plaintiff which led to the injury.How an Attorney Can Help
An experienced attorney will investigate the matter and determine whether or not they have a viable claim. The injured person needs to move quickly in retaining an attorney so that the evidence or proof is not destroyed.
Evidence often comes from video surveillance which can be destroyed, taped over or lost. Nashville negligent security lawyers will move quickly to get important evidence locked down.
If the property owner knew of the danger and the crime in the area, and did nothing to protect people, it is likely the individual can file a claim for damages.