North Carolina premises liability law imposes certain duties of care upon possessors of land. This duty may extend to both general duties and specific duties. Depending upon the circumstances, a landowner or business operator may even have a duty to provide security to protect the safety of its customers. If you have been hurt or have lost a loved one due to an act that could have been prevented had a business provided a reasonable amount of security, the Raleigh premises liability attorneys at Maurer Law can talk to you about whether you may have a claim against the business that you believe was responsible for the incident.
Traditionally, most premises liability lawsuits arose as a result of a slip and fall or another accident caused by a dangerous condition on the property. In more modern times, however, there have been many cases arising from situations in which a business’ negligent security resulted in a criminal attack that caused a serious injury to a customer or guest.Establishing a Negligent Security Case
Defendants in these cases tend to argue vigorously that they should not be held liable for the actions of a third party whose criminal act hurt the plaintiff or their family member. Courts, however, have recognized that a hotel, apartment complex, or retail store owner may have a duty to take actions such as reporting suspicious activity, repairing broken locks or unsecured doors, providing adequate lighting, or providing security guards to reduce the risk of criminal activity such as assault, robbery, rape, or homicide. A key issue is whether, under the facts of a particular case, it was foreseeable to expect the type of criminal attack that happened to the plaintiff, based on previous incidents on the property or in the same area.
If a plaintiff in a negligent security case can prove that the incident was foreseeable and that it would have been less likely to happen had the business owner taken reasonable security measures, they likely will be able to recover compensation for the damages that they have sustained. These often include lost earnings, past and future medical expenses, compensation for pain and suffering, and other forms of harm resulting from the event at issue. Negligent security cases, as civil claims, are distinct from criminal cases arising from the same actions. Thus, even if the perpetrator of the crime is convicted, it is important to try to hold a business accountable for the costs and losses that the victim suffered.Consult an Experienced Premises Liability Attorney in Raleigh or Beyond
If you have been hurt by a property owner’s failure to provide proper security, the injury lawyers at Maurer Law can advise you as to whether you may have a case against the business where the incident occured. Call (919) 229-8359 or complete our online form to set up a free appointment to talk to a Raleigh premises liability lawyer on our team. We represent victims in Raleigh, Durham, Fayetteville, Charlotte, Rocky Mount, Greensboro, Wilmington, Chapel Hill, Asheville, Wake Forest, and other communities in Cumberland, Durham, Mecklenburg, Edgecombe, Guilford, New Hanover, Orange, Randolph, and Wake Counties.