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Seeking Justice for Those Harmed by Crime

When someone becomes a victim of a crime, the repercussions extend far beyond immediate physical harm. Victims are often alone, isolated and face a range of challenges, such as physical injuries, emotional trauma, and financial burdens.

The personal injury lawyers at Meyers & Flowers are dedicated to seeking justice for those harmed by crime. With a deep understanding of the complexities involved in crime victim cases, our legal team is committed to advocating for victims' rights and holding negligent parties accountable.

Examples of Negligent Security Incidents

Insufficient security measures, like poor lighting, broken locks, and a lack of security personnel, can make it easier for criminals to commit assaults and robberies in different places. For example, poorly lit parking lots without visible security attract criminals. In dimly lit areas, people are more likely to be attacked because criminals can take advantage of the dark to commit crimes without being seen.

Similarly, hotels, apartment complexes, and businesses that don't have proper security, like working locks on doors and windows, may experience more break-ins and thefts, putting people and their belongings at risk. Malfunctioning entry systems or lack of proper monitoring of entrances and exits can create opportunities for unauthorized people to enter restricted areas, posing risks to the safety and security of people.

If surveillance cameras and systems are not installed, maintained, or monitored correctly, crimes may go unnoticed or unaddressed, continuously putting people's safety at risk. In places where surveillance is essential, like retail stores, public venues, or residential complexes, inadequate surveillance measures can leave people vulnerable to various security threats, compromising their safety.

Common Injuries for Crime Victims

  • Sexual Assault and Harassment Injuries: Both physical and emotional trauma from incidents of sexual violence.
  • Assault and Battery Injuries: Cuts, bruises, broken bones, and traumatic brain injuries (TBIs) resulting from physical attacks.
  • Robbery-related Injuries: Injuries caused during forceful actions in robberies, such as being pushed or physically harmed.
  • Slip and Fall Injuries: Due to security hazards like insufficient lighting or uneven surfaces.
  • Emotional and Psychological Injuries: Emotional distress, anxiety, and PTSD due to the trauma of unsafe situations.
  • Property Damage-related Injuries: Injuries sustained while trying to protect belongings during crimes.

Proving Negligent Security Crime

Crime victims can suffer injuries in various ways, and understanding the elements that must be met is crucial in seeking justice. Here are the key components:

Duty of Care

Property owners, landlords, businesses, and security companies have a duty to keep their premises safe for visitors. This means they must proactively prevent harm and maintain a secure environment.

A critical aspect of this duty is implementing security measures tailored to the specific risks and circumstances of the property or business. For example:

  • Well-lit parking lots can deter criminal activities and improve visibility
  • Functioning locks on doors and windows prevent unauthorized access
  • Surveillance systems, including cameras and alarms, help monitor and deter suspicious behavior
  • Having trained security personnel on-site can effectively respond to emergencies and security threats

Breach of Duty

When property owners, landlords, businesses, or security companies do not meet expected security standards despite knowing the risks, it's considered a breach of duty. This can happen in various ways, such as neglecting to maintain security equipment, ignoring past security issues, or not addressing known vulnerabilities.

For example:

  • If a property owner is aware of frequent crime in the area but doesn't improve lighting or surveillance, they're not meeting their duty
  • Similarly, a business that doesn't hire trained security staff or implement access control despite previous thefts is also in breach
  • A breach can also occur if security systems are installed but not properly maintained or if security procedures are not consistently followed

Essentially, any action or inaction that ignores known risks and doesn't take reasonable steps to improve security can be a breach of duty, putting people at risk and leading to legal consequences.

Foreseeability

Foreseeability involves property owners, businesses, and other responsible parties being able to anticipate criminal activities based on past incidents or known risks associated with their premises. This means they should recognize that specific locations are more likely to experience crime due to factors like:

  • The neighborhood's crime rate
  • The nature of the business
  • Past security issues

For instance, businesses in industries prone to theft or violence, such as late-night retail or entertainment venues, should anticipate these risks and take necessary precautions.

Foreseeability goes beyond acknowledging the possibility of crime; it requires taking proactive steps to reduce these risks, like implementing emergency response plans. Failing to address foreseeable risks despite being aware of them can lead to legal liability if a crime occurs and harms individuals on the premises.

Causation

Proving causation in negligent security cases involves establishing a direct link between inadequate security measures and the harm suffered by the victim. This connection is crucial in demonstrating that other responsible parties' negligent actions or oversights directly led to the victim's injuries or losses.

For example:

  • A poorly lit parking lot that provides cover for criminals to commit assaults or thefts without being easily seen directly contributes to these criminal acts, resulting in harm to individuals using the parking lot
  • If a property owner neglects to install proper locks on doors, leading to unauthorized access and theft, there is a clear link between the security breach and the property loss or damage suffered by the victim
  • In cases where adequate security measures could have deterred criminal activity or enabled a prompt response to threats, the failure to implement these measures directly contributes to the harm suffered by the victim

Damages

Victims need to show evidence of actual harm caused by negligent security measures to determine the extent of their losses. Examples are categorized as follows:

  • Physical Injuries: This includes any bodily harm sustained directly due to the criminal act facilitated by negligent security. For example, injuries from an assault in a poorly lit parking lot, such as cuts, bruises, fractures, or more severe injuries like traumatic brain injuries (TBIs), are significant components of the damages suffered.
  • Emotional Distress: Negligent security incidents often have lasting psychological effects on victims, leading to anxiety, depression, PTSD, fear, and emotional trauma. Feeling unsafe or being a crime victim due to inadequate security can significantly affect the victim's well-being and quality of life.
  • Financial Losses: Victims may face medical expenses, therapy costs, lost wages, and property repair or replacement expenses directly related to the incident. Calculating these financial losses is crucial in quantifying the economic impact suffered by the victim.
  • Property Damage: In negligent security cases, property damage may occur alongside or as a result of the criminal act, leading to costs for repairing or replacing damaged property.
  • Pain and Suffering: This includes compensation for physical pain, emotional anguish, mental distress, and the overall impact on their quality of life.
  • Loss of Enjoyment of Life: Negligent security incidents can result in a significant loss of enjoyment of life for the victim, impacting daily activities, social interactions, and personal pursuits. Compensation for loss of enjoyment of life acknowledges the profound impact of the incident on the victim's overall well-being and lifestyle.

Differences Between Criminal and Civil Negligent Security Cases

Criminal negligent security cases involve law enforcement and the state taking legal action against those responsible for security failures that lead to crimes. The aim is to prove guilt beyond a reasonable doubt and punish wrongdoers with fines, probation, or jail time.

Civil cases, on the other hand, are brought by private individuals seeking compensation for harm caused by inadequate security. They have a lower burden of proof, needing evidence to show liability.

Other differences include the following:

  • Criminal cases focus on punishment and deterrence, while civil cases focus on compensating victims for their losses, including medical bills, emotional distress, and property damage
  • Criminal cases require proving guilt beyond a reasonable doubt, but civil cases need to show liability by a preponderance of evidence
  • Civil cases often end in settlements or court judgments for financial compensation

Liability in Negligent Security Incidents

Various parties can be held liable for negligent security incidents in Illinois:

  • Property owners and landlords must ensure their properties are safe and have the proper security measures to protect tenants, visitors, and customers.
  • Businesses are also important, especially in public places like stores, restaurants, and entertainment venues. They must address any security risks quickly to keep their customers and employees safe.
  • Security companies hired to provide surveillance and protection services are responsible for doing their job well. This means monitoring surveillance systems, responding fast to security alerts, and ensuring their security personnel are well-trained and in the right places.
  • Property managers and homeowners' associations must also keep their properties and communities secure by following and enforcing security rules.
  • Schools and universities also must protect their students and staff by implementing adequate security measures, such as securing campus grounds and employing security personnel when needed.

Why Negligent Security Crime Victims Choose Meyers & Flowers for Negligent Security Cases

Victims of negligent security incidents often face a multitude of challenges, including physical injuries, emotional trauma, and financial losses. During such difficult times, choosing the right legal representation is crucial.

The team at Meyers & Flowers consists of seasoned legal professionals with extensive experience in handling negligent security cases. We have a proven track record of securing favorable outcomes for our clients due to our understanding of the complexities involved. Because we recognize the emotional toll that negligent security incidents can take on victims and their families, our approach is compassionate, providing legal guidance and emotional support throughout the legal process.

More importantly, Meyers & Flowers is passionate about seeking justice for victims of negligent security. We are relentless in our pursuit of holding negligent parties accountable and ensuring that our clients receive fair and just compensation.

If you or a loved one has been a victim of negligent security, don’t wait to seek legal help. Booking a consultation with Meyers & Flowers today can help guide you towards the justice and compensation you deserve.

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