Clinton Negligent Security Lawyer
Despite efforts to control it, the violent crime rate is persistently high in many parts of Tennessee. Individuals are usually responsible for assaults, sexual battery, and other such crimes in criminal court. These crimes usually cause serious or fatal injuries. This venue punishes these offenders, but criminal court does little or nothing to compensate the victims of these crimes. Sometimes, defendants must pay restitution as a condition of probation. But there’s a big difference between restitution for medical bills and maximum compensation for an injury.
The diligent Clinton negligent security lawyers at Fox Farley Willis & Burnette know what it takes to obtain maximum compensation in these cases. We start each case with a conversation, so we know your needs and goals in a particular situation. Then, we hit the ground running. We collect evidence that establishes your claim for damages and refutes insurance company defenses. Then, once the case goes to court, we build on this strong foundation and never stop fighting for you.
Prima Facie Claim
A prima facie (preliminary) claim for negligent security damages usually involves duty of care and knowledge of hazard.
As mentioned, evildoers are usually individually responsible for violent crimes in criminal court. But property owners are often financially responsible for these offenses in civil court, because of the duty of care.
Drivers are fully aware of the duty of care. While they are behind the wheel, they must drive defensively and avoid accidents when possible. A similar duty of care applies to property owners. Many crimes, especially violent crimes, are crimes of opportunity. If Larry has a chance to take advantage of Curly and Larry doesn’t think he’ll get caught, Curly is in trouble.
Negligent security, or a gap in a security system, creates these opportunities for rapscallions such as Larry. Examples of negligent security include:
- Incorrect level of security (g. using a “courtesy patrol” when a full-time security officer is needed),
- Burned-out lights,
- Broken gates,
- Nonfunctioning cameras, and
- Failure to adjust to security threats, like indications of trouble in the neighborhood.
A Clinton negligent security lawyer could use direct or circumstantial evidence to establish knowledge of a hazard.
Essentially, negligent security sets the stage for injury. Actors cannot act without stages. So, a stage manager has as much to do with a successful show as an actor. And, an evildoer is just as responsible for an injury as an owner who provided negligent security.
Owners are only responsible for lapses they know about. This element is called causation. This element also has a legal component, which is foreseeability (possibility) of injury.
The type and location of the property often come into play here. Jewelry stores are a lot more likely to be robbed than barber shops. Therefore, a jewelry store needs tighter security than a barber shop. The same thing applies to an apartment complex near a busy highway as opposed to an apartment complex tucked away in a residential neighborhood.
We also mentioned threats in the area. Prior similar incidents at that location, along with prior similar incidents in the area, make it easier to prove foreseeability. The neighborhood’s reputation as a “high crime area” could be relevant as well.
Reach Out to a Dedicated Anderson County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced negligent security lawyer in Clinton, contact Fox Farley Willis & Burnette Attorneys at Law by going online or calling 865-500-HURT. Attorneys can connect victims with doctors, even if they have no insurance or money.