JANUARY 10, 2024 – Going over to a friend’s house or even being invited to a stranger’s property shouldn’t come with hidden dangers. After all, you’re not on a reality TV show where you expect to be confronted by threats. However, sometimes injuries occur due to the property owner’s negligence.
So, what does this actually mean for your particular personal injury case? Does the property owner’s negligence factor in, and how do you evaluate it? Sometimes, evaluating security measures for negligence is a lengthy and confusing process.
How to Determine Negligent Security Liability Claims
Okay, before getting into determining liability, it helps to have a basic understanding of negligent security. However, this doesn’t mean the property owner has a less-than-professional security team or even system. We’re not discussing this type of security. However, if a security system is present, it can help bolster your negligence case.
Negligent security is a fancy way of stating that a property owner didn’t take action to minimize potential risks/hazards. For example, the property has a deep hole in the ground the resident hasn’t filled in.
If you fall into the hole and injure yourself, this may be grounds for negligent security. However, if you get a bump on the head from an acorn falling out of a squirrel’s grasp, it’s not the fault of the property owner, tree, or squirrel.
Several factors go into a negligent security claim. Before filing a claim against the property owner, your case must meet at least one of the following conditions:
- The property owner is aware of the existence of a dangerous condition. If the property owner isn’t aware, should they have known the hazard exists?
- Has the property owner taken reasonable steps to eliminate the danger, or are they ignoring the hazardous conditions?
- Was the property owner’s failure to mitigate the danger responsible for your injuries?
- Did the hazardous conditions on the property present an unreasonable risk? For example, if the property is on a hill and you fall, there’s little the owner can do to minimize the risk. However, a hole in the middle of the yard can present an unreasonable risk.
- Is the risk obvious to visitors, mentioned by the property owner, or kept hidden?
Your answers to the above questions will help you and your negligent security claims attorney decide if you have a valid complaint. If your answer is no, you may be limited to a personal injury claim with compensation provided by your insurance company. In other words, you may not have grounds to file a lawsuit against the property owner.
When Property Owners are Expected to Protect Guests from Injuries
Oregon enforces a duty of care law that applies to property owners. In simple terms, the law requires property owners to reasonably protect visitors from harm, but this doesn’t mean diving in front of a bullet.
This is a little beyond reasonable care, but property owners in high-crime areas have a duty to warn guests of the neighborhood risks. Some examples of when the duty of care law applies to property owners include:
- When criminal attacks occur on or near the property, the owner must inform visitors of the potential for imminent harm. Failing to disclose the recent violence may meet negligent security claim requirements.
- If multiple criminal incidents occur on or near the property in a specific timeline, the owner must provide guests with the information. Known as prior similar incidents, the standards are similar to those for imminent harm.
Before filing a negligent security claim, your attorney will consider the totality of the circumstances, which means considering the location, property layout, and its condition. This will help determine if the accident is preventable or unavoidable.
An example is if the property owner has installed a security fence to help deter criminal activity—if you’re injured, negligent security may not apply. This is because the installation of the security fence indicates the property owner is taking reasonable steps to protect their visitors.
Common Negligent Security Defenses
Don’t get too overconfident even when you believe you have a solid negligent security case. There are a few defense tactics attorneys can use to refute your claim, including the following:
- The property owner doesn’t believe they have a duty of care to the visitor, which typically applies if the injured party isn’t an invited guest.
- The property owner provides reasonable security to help prevent incidents
- The injuries are partially your fault. The defense may show contributory negligence. For example, you’re intoxicated and injure yourself in a fall. Since you’re under the influence, the defense can argue the accident wouldn’t have occurred if you were sober.
Another common negligent security defense is when a property owner claims nothing could’ve prevented the attack. This defense includes proving that even additional security measures are ineffective.
How to Start a Negligent Security Claim
If you’re ready to start a negligent security claim, the first step is consulting an attorney. Even though you have ten years from the accident date, don’t wait until almost a decade has passed before starting the process.
Evidence can get cold, witnesses become unavailable, and your case may not go forward. You’ll also want to consider filing deadlines imposed by insurance companies. These deadlines may be different from state mandates.
After contacting an attorney, seek medical attention for your injuries. You’ll need the medical records to support your claim. If property damage also occurs, save all repair estimates and receipts for any payments you make. You also want to get the witnesses’ contact information. Everyone from your attorney to the involved insurance adjusters will want to talk to any witnesses.
If your injuries are the result of a criminal attack, file a police report. You can pick up a copy of the accident report, typically within one week. Your attorney will let you know if any other documentation is necessary. A good tip to follow is to save everything relating to the accident. You never know what may be important to your case.
Contact an Attorney About You Negligent Security Case
Proving negligent security can be a challenging and intricate process, especially without legal expertise. It’s highly advisable to consult with an attorney before proceeding with a claim. An attorney’s expertise is crucial in navigating the complexities of such cases, helping to gather the necessary evidence and build a strong argument.
Furthermore, it’s important to note that even if your situation doesn’t directly involve negligent security, you may still have a viable personal injury case. An attorney can evaluate the specifics of your situation and advise on the best course of action, ensuring that your rights are protected and you are adequately represented in pursuing any potential claims.