There is no standard value for a negligent security settlement. However, several common factors can affect the value. These factors may include:
- The severity of the injuries you suffered and the treatment necessary
- The incident itself
- Whether your injuries kept you from working
- Whether you played a part in the incident
- Whether the area was known for crime
The Severity of Your Injuries
Negligent security can lead to several different types of incidents, such as:
- Sexual assaults
All of these incidents can lead to serious injuries. The more severe your injuries, the higher your potential settlement in many cases.
For example, a violent sexual assault may require medical care, psychological treatment for anxiety or post-traumatic stress disorder, and anti-anxiety medication, among other things.
The Incident Itself
The severity of the incident can affect how much your case is worth. For example, a verbal assault that occurred because of a lack of security will likely be worth less than a physical assault.
Whether Your Injuries Kept You from Working
The longer your injuries kept you from working, the higher your settlement may be. For example, you were the victim of a carjacking. The offender caused you moderate injuries that kept you out of work for a week. You may recover less than someone who was brutally assaulted and could not work for months.
Whether You Played a Part in the Incident
If you contributed to the incident, your settlement will likely decrease. For example, say you were at a bar when an intoxicated man punched you in the face. Instead of walking away and getting help, you fought back. You suffered a traumatic brain injury and several broken ribs in the fight. The fight occurred (and was not stopped) because of a lack of security.
In this case, you could hold the bar liable for your injuries. However, the bar may dispute liability and claim that you played a part in the incident, so it is not 100 percent liable for your injuries. Per Georgia’s comparative negligence laws, your percentage of liability will decrease your settlement.
Whether the Area Was Known for Crime
In some cases, a judge may want to make an example of your case and award punitive damages to deter other property owners from failing to take necessary precautions.
For example, say you live in an apartment complex in which a rash of robberies took place. The gate at the front of the property was broken at the time, allowing the robbers to gain entry. Even after the robberies, the property owner failed to fix the gate. You become the victim of a robbery in which you suffer severe injuries. You decide to sue the apartment complex for negligent security.
The judge or jury may award you punitive damages to punish the property owner for failing to fix the gate.
Establishing Negligent Security
Premises liability dictates that property owners have a duty to keep their visitors safe. This is known as “duty of care” and typically relates to keeping the physical conditions of property safe.
In some places, this duty of care means having physical security or security measures present to keep visitors safe. These places include:
- Hotels and motels
- Bars and nightclubs
- Apartment complexes
- College dorms
- Movie theaters
Elements of a Negligent Security Claim
Your negligent security claim must include the following elements. We will help you prove it:
- Duty of care: The property owner owed you a duty to keep the property safe. The property owner does not owe you this duty if you were trespassing.
- Breach of duty: The property owner failed that uphold that duty. For example, the manager of a hotel noticed someone trespassing on the grounds. Even though they received calls complaining of the man trespassing, they failed to remove a trespasser from the grounds.
- The breach led to your injuries: The hotel failed to remove the trespasser. He assaulted you in the hallway.
Call an Atlanta Negligent Security Lawyer
We believe you deserve compensation for the injuries you suffered due to negligent security. Unfortunately, it can be difficult to take on a large company like a hotel. That is where S. Burke Law comes in.
We are not afraid to take on any company big or small. We will fight to prove your case and to protect you from the at-fault party and its insurance company. And because negligent security lawyer Sheryl Burke worked as an insurance adjuster before opening her firm, she knows how insurance companies approach these cases and the tactics they use to reduce the settlement to which you are entitled.Call us at 404-842-7838 to learn more. The consultation is free.