Negligent Security Attorney in Columbia

Protecting Your Rights & Safety in Columbia, MO

When you enter a public or commercial property, you have a reasonable expectation of safety. Property owners, whether of an apartment complex, shopping mall, or hotel, have a legal responsibility to provide a safe environment for their guests, tenants, and customers. Unfortunately, when they fail to uphold this duty, innocent individuals can become victims of foreseeable criminal acts.

If you have suffered harm due to inadequate security measures on someone else's property, you may have a right to pursue a negligent security claim. At Aaron Sachs & Associates, P.C., we are dedicated to helping victims of negligent security in Columbia, MO, understand their rights and pursue the compensation they deserve. We offer compassionate and skilled legal representation to hold negligent property owners accountable for their failures.

Contact us today for a free, no-obligation consultation.

What is Negligent Security?

Negligent security is a type of premises liability claim where a property owner or occupier is held responsible for injuries sustained by a person due to a third-party criminal act that was foreseeable and preventable. It hinges on the idea that if a property owner knew or should have known about a risk of crime on their premises, they had a duty to take reasonable steps to prevent harm to those lawfully on their property.

It's not about holding property owners responsible for every crime that occurs, but rather for those crimes that could have been avoided had proper security measures been in place.

Properties That Require Security

While all property owners in Columbia, MO, have a general duty to maintain safe premises, the level of security required can vary depending on the type of property and the foreseeability of criminal activity. Properties that frequently require significant security measures include:

• Apartment Complexes and Residential Buildings: Landlords have a duty to protect their tenants from foreseeable crimes. This includes maintaining secure entryways, adequate lighting in common areas and parking lots, functioning locks on doors and windows, and sometimes even security personnel.
• Hotels and Motels: Guests expect a safe stay. Hotels must provide secure rooms, well-lit corridors and parking lots, and often implement surveillance systems and security staff.
• Shopping Centers, Retail Stores, and Malls: These public spaces attract large numbers of people and can be targets for theft, assault, and other crimes. Owners are expected to have visible security, surveillance cameras, and proper lighting, especially in parking lots.
• Nightclubs, Bars, and Entertainment Venues: Due to the nature of the business and potential for alcohol consumption, these establishments often have a heightened duty to provide security. This can include bouncers, crowd control, strict entry policies, and surveillance.
• Parking Garages and Lots: These areas are often isolated and dimly lit, making them prime locations for criminal activity. Property owners must ensure adequate lighting, surveillance, and potentially security patrols.
• Schools and Universities: Educational institutions have a responsibility to protect students, faculty, and visitors. This involves controlled access, security personnel, and emergency protocols.
• ATMs and Banks: Due to the inherent risk of financial transactions, these locations require robust security measures, including cameras, good lighting, and often security guards.

The key factor is foreseeability. If a property has a history of crime, or is located in a high-crime area, the property owner's duty to provide security increases.

Common Examples of Inadequate Security

Negligent security can manifest in various ways. It's often the lack of reasonable precautions that creates an environment ripe for criminal activity. Common examples of inadequate security that can lead to injury include:

• Insufficient or Broken Lighting: Dark parking lots, stairwells, and common areas provide cover for criminals.
• Lack of Security Cameras or Malfunctioning Cameras: Surveillance cameras deter crime and provide crucial evidence. Their absence or disrepair can be a sign of negligence.
• Broken or Inadequate Locks and Access Control: Faulty locks on doors, windows, or gates, or a failure to control who enters the property, can make it easy for criminals to gain access.
• Insufficient or Untrained Security Personnel: Not having enough security guards, or having guards who are not properly trained to respond to threats, can leave visitors vulnerable.
• Failure to Respond to Known Threats: If a property owner is aware of a pattern of criminal activity on or near their property but fails to take corrective action, they may be held liable.
• Negligent Hiring or Supervision of Employees: If an employee with a history of violent behavior is hired or inadequately supervised, and then commits a crime on the premises, the employer may be negligent.
• Overgrown Landscaping or Blind Spots: Dense bushes or other landscaping elements that create hiding spots can contribute to an unsafe environment.
• Failure to Alert or Warn: If a property owner knows of a specific threat but fails to warn visitors, they could be held liable.

Who is Liable for Negligent Security?

Several parties could be held liable in a negligent security claim, depending on who owned, controlled, or managed the property at the time of the incident. Potential liable parties include:

• Property Owners: This is often the primary defendant. They have the ultimate responsibility for maintaining a safe environment.
• Property Management Companies: If a separate company is responsible for managing the property, they may also share liability if their negligence contributed to the incident.
• Landlords: For rental properties, the landlord is typically responsible for ensuring the safety of their tenants.
• Business Owners/Operators: If the crime occurred within a business, the business owner or operator may be held responsible for failing to provide adequate security for their customers.
• Security Companies: If a third-party security company was hired but failed to perform its duties adequately, they could be held liable.

Proving liability in a negligent security case requires demonstrating that the property owner had a duty of care, breached that duty, and that this breach directly caused your injuries and damages. This is where an experienced Columbia negligent security lawyer becomes invaluable.

FAQs About Negligent Security Claims in Columbia, MO

How do I prove foreseeability in a negligent security case?

Proving foreseeability is often the most challenging aspect of these cases. It generally involves demonstrating that the property owner knew or should have known about the risk of crime. This can be established through:

• Prior criminal incidents: A history of similar crimes on the property or in the immediate vicinity.
• High crime rates in the area: General crime statistics for Columbia, MO, and the specific neighborhood.
• Lack of adequate security measures: The absence of industry-standard security practices for that type of property.
• Testimony from security experts: Experts can assess the property's security measures against industry standards and provide opinions on whether the crime was foreseeable.
• Internal records: Security logs, incident reports, or maintenance records that show a pattern of neglect or ignored warnings.

What kind of damages can I recover in a negligent security claim?

If successful, you may be able to recover various damages, including:

• Economic Damages:
  • Medical Expenses: Past and future costs of medical treatment, including emergency care, hospital stays, surgeries, therapy, medication, and psychological counseling.
  • Lost Wages: Income lost due to time off work for injuries and recovery.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning potential.
  • Property Damage: Costs to repair or replace any property damaged or stolen during the incident.
• Non-Economic Damages:
  • Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress.
  • Emotional Anguish/Mental Trauma: This can include anxiety, depression, PTSD, and other psychological impacts.
  • Loss of Enjoyment of Life: If your injuries diminish your ability to participate in activities you once enjoyed.
  • Disfigurement or Scarring: Compensation for permanent physical changes.
  • Punitive Damages: In some cases, if the property owner's actions were particularly reckless or malicious, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.

Is there a time limit to file a negligent security lawsuit in Missouri?

Yes, like other personal injury claims, negligent security cases in Missouri are subject to a statute of limitations. Generally, you have five years from the date of the injury to file a lawsuit (Missouri Revised Statutes § 516.120(4)).

What should I do if I've been a victim of a crime due to negligent security?

• Seek Medical Attention: Your health and safety are paramount. Get immediate medical help for your injuries.
• Report the Crime: Contact the Columbia Police Department immediately to file a police report. This is a critical piece of evidence.
• Document Everything:
  • Take photos and videos of the scene, including any broken locks, poor lighting, or lack of security features.
  • Keep detailed records of your injuries, medical treatments, and any related expenses.
  • Note the names and contact information of any witnesses.
  • Preserve any communication with the property owner or their representatives.
• Do Not Speak to Insurance Companies Without Legal Counsel: Insurance adjusters may try to minimize your claim or get you to say something that could harm your case.
• Contact an Experienced Columbia Negligent Security Lawyer: A lawyer can investigate your case, gather necessary evidence, determine liability, and fight for your right to compensation.

How Aaron Sachs & Associates, P.C. Can Help

At Aaron Sachs & Associates, P.C., we understand the devastating impact that a preventable crime can have on victims and their families. We are committed to providing aggressive and compassionate legal representation to individuals in Columbia, MO, who have been harmed due to negligent security.

Our experienced legal team will:

• Thoroughly Investigate Your Case: We will meticulously gather evidence, including police reports, incident logs, surveillance footage, and witness statements.
• Determine Liability: We will identify all responsible parties, whether it's the property owner, management company, or security firm.
• Consult with Experts: We may work with security experts to assess the adequacy of the security measures and establish foreseeability.
• Calculate Your Damages: We will ensure all your losses, both economic and non-economic, are accounted for in your claim.
• Negotiate with Insurance Companies: We will handle all communications and negotiations with insurance adjusters, protecting your rights and fighting for a fair settlement.
• Represent You in Court: If a fair settlement cannot be reached, we are prepared to take your case to trial to secure the justice you deserve.

Call (888) 287-1046 to schedule your appointment and begin your journey toward a safer tomorrow.