Were you hurt during a violent or criminal incident that occurred on someone else’s property? If a lack of security on the property contributed to what happened, you might have a legal claim against the property owner. An experienced premises liability attorney with Chatham Gilder Howell Pittman can pursue that claim on your behalf, holding careless property owners accountable while you rest and recover. Contact us today for a free initial case review and learn more about your options.
Understanding Premises Liability Law
Premises liability law governs a property owner’s responsibility to protect visitors to their premises from injury caused by dangerous conditions on the property. The scope of a property owner’s responsibility to protect visitors from harm depends on the visitor’s legal status. For example, property owners owe the highest duty of care to business invitees, which obligates them to take reasonable steps to detect dangerous conditions on their property and either remedy those conditions or warn invitees of their presence.
Negligent security may constitute a property owner’s dereliction of duty to keep their premises safe for visitors. Inadequate security measures can facilitate criminal activity or violent behavior that may injure innocent visitors. A property owner’s obligation to implement security measures to protect visitors will depend on the degree to which an “atmosphere of violence” exists on the property.
However, Section 11-1-66.1 of the Mississippi Code significantly limits a property owner’s liability under a negligent security claim. This statute, known as the Landowners Protection Act (LPA), states that no property owner shall have liability to an invitee injured on the owner’s property due to the willful, wanton, or intentionally tortious conduct of a third party unless the injured invitee can prove:
- The third party’s conduct occurred on the property,
- The conduct of the property owner actively and affirmatively, with a degree of conscious decision-making, impelled the third party’s conduct, and
- The third party’s conduct proximately caused the injured invitee’s losses
Furthermore, the LPA states that an injured invitee can only establish the existence of an atmosphere of violence by similar violent conduct that:
- Occurred three or more times within the three years preceding the invitee’s injury
- Took place on the same property, and
- Involved three or more separate events that resulted in three or more arraignments of an individual for a felony involving an act of violence
Alternatively, an injured invitee can establish liability based on the third party’s existing violent nature if they can prove the property owner had actual knowledge of the third party’s violent nature.
What Constitutes Negligent Security?
Negligent or inadequate security may take various forms, including:
- Not having sufficient numbers of trained security personnel
- Inadequate security protocols
- Failing to install metal detectors
- Lack of surveillance cameras
- Inadequate lighting
- Broken or missing locks on gates, doors, or windows
Compensation You Could Recover in a Negligent Security Claim
In a negligent security claim, you may have the right to seek a financial recovery for various losses you sustain due to injuries caused by a violent or criminal incident on another party’s property. Your compensation can include money for your:
- Costs of medical treatment and rehabilitation
- Costs of long-term care for prolonged or permanent disabilities
- Lost wages/income for time taken off from work to recover from injuries
- Lost future earning capacity due to disabilities
- Physical pain and anguish
- Emotional trauma or distress
- Lost enjoyment/quality of life due to permanent disabilities or scarring/disfigurement
What Steps Should You Take After an Incident?
Following a criminal event that injures you on someone else’s property, steps you can take to put yourself in the best position to pursue a negligent security claim include:
- Report the incident to the property owner and law enforcement and request copies of police or incident reports.
- Seek prompt medical attention to document your injuries and begin treatment.
- Obtain copies of your medical records.
- Keep all bills, invoices, or receipts to document your recovery expenses.
- Contact a premises liability lawyer from Chatham Gilder Howell Pittman to discuss your legal options for pursuing financial relief.
How Can an Attorney Help You with a Negligent Security Claim?
When you turn to Chatham Gilder Howell Pittman to help you after a violent or criminal event injures you while visiting someone else’s property, our legal team will fight to recover the compensation you need and deserve by:
- Thoroughly investigating your claim to recover all available evidence
- Evaluating your legal options for seeking financial recovery
- Documenting your injuries and losses to determine what compensation you deserve to recover
- Filing your claims against liable parties and handling communications or settlement negotiations on your behalf
- Vigorously pursuing maximum financial recovery for your injuries, even if that means taking your case to court and trial to demand accountability
How Long Do You Have to File a Negligent Security Claim?
Under Section 15-1-49 of the Mississippi Code, you typically have three years after suffering injuries in an attack or crime on somebody else’s property to file a negligent security lawsuit against the property owner. Although three years may seem like plenty of time to bring your claim, you can best protect yourself by speaking with a premises liability lawyer as soon as possible after you get hurt to ensure you file your claims on time. Otherwise, you may lose the right to seek financial compensation from a negligent property owner if the limitations period expires on your claim.
Contact Our North Mississippi Firm Today to Discuss Your Legal Options
If you’ve suffered a violent attack or criminal incident on someone else’s property, you may have the right to hold the property owner accountable for their failure to provide adequate security. Contact Chatham Gilder Howell Pittman today for a free, no-obligation consultation with a premises liability attorney to discuss your legal options for seeking financial recovery for what happened.
