Property owners have a duty to provide adequate security to people invited on their property. This applies to homeowners and businesses alike.
If a property owner does not take reasonable steps to protect people on their property, they can be liable for harm that occurs.
If you or a loved one has suffered injuries or death due to inadequate security, you may have a claim for damages.
The top rated Birmingham, AL inadequate security attorneys at Fob James Law Firm are standing by and ready to help.
Contact our team today to discuss your case and see what we can do for you.
What is the Negligent Security Law in Alabama?
The negligent security law in Alabama requires property owners to provide adequate security on their premises. Hence, negligent security is a subset of premises liability.
The classic example is an apartment complex riddled with crime and violence. In this scenario, the property owner is aware that people on the property are in danger. It is foreseeable that someone could get hurt.
The property owner must take steps reasonably necessary to provide adequate security to protect both residents and others invited on the property.
You may have a negligent security claim if you can prove four things:
- The propery owner owed you a duty to provide reasonable security;
- The property owner breached that duty;
- The breach caused you to suffer injuries; and
- You suffered damages as a result of the injuries.
What Amount Can You Sue For In A Negligent Security Case?
In Alabama, you can sue for any amount in your inadequate security claim. Compensatory damages are not capped. They are whatever a jury says they are.
Compensatory damages include:
- Pain and Suffering
- Loss of the Enjoyment of Life
- Mental Anguish
- Lost Wages
- Past and Future Medical Treatment
Also, you may be entitled to punitive damages, which are designed to punish the wrongdoer and deter others from doing similar bad acts in the future.
In Alabama, punitive damage awards in cases that do involve physical injury must not exceed 3 times the amount of compensatory damages or $1.5 million, whichever is greater.
For example, if compensatory damages are $3 million dollars, punitive damages are capped at $9 million dollars.
However, punitve damages are not capped in wrongful death or intentional infliction of physical injury cases.
Every case is different, so there is no average settlement in a negligent security case. Speak with an experienced Alabama negligent security lawyer to learn more about what your case may be worth.
What Are Common Types of Inadequate Security?
Neglient security cases in Alabama tend to occur at locatons with higher concentration of people. Of course, they can happen anywhere so always be aware.
From our experience, the most common types of negligent security cases are the result of cime and violence due to the following characteristics:
- poor lighting
- few or no security guards
- broken locks
- poor maintenance of entry points
- inadequate entry screening
- history of assaults and drug deals
- inadequate training on security procedures
- failure to call 911
- inadequate security cameras
Negligent security cases commonly occur in the following types of establishments:
- Apartment complexes
- Nightclubs and bars
- Campuses
- Hotels/Motels
- Gas stations
- Bowling alleys
- Movie theaters
- Event venues (stadiums and concerts)
- Malls
- Fairgrounds
- Retail shopping centers (e.g. Walmart)
- Parking garages and parking lots
How Long Do I Have To File An Inadequate Security Case?
In negligent security cases, the plaintiff either files a lawsuit to recover damages for his or her injuries, or to recover damages resulting from the death of a loved one.
The time to file a lawsuit is called “the statute of limitations”. The time period to file lawsuit can vary.
Wrongful Death Case
The Alabama wrongful death statute of limitations generally allows you only two years from the date of the victim’s death to take legal action in a wrongful death claim.
Personal Injury Case
In most cases, you have only two years from the date of the incident to file a negligent security lawsuit in Alabama.
However in some cases, you have even less time to file a lawsuit. For example, if a city government or entity was to blame, you must take legal action within six months.
If a county government was at fault, you must file suit within 12 months.
Do not wait until the statute of limitations has passed. The court will likely bar you from recovery. That means you will collect nothing for your injuries, physical damages, or pain and suffering.
Talking to an experienced inadequate security attorney in Alabama is the best way to help you determine the deadline for filing legal action in your case.
Why Proving a Negligent Security Claim Can Be Difficult
Proving a negligent security claim in Alabama can be an uphill battle.
This is because proving a breach of the duty of reasonable care is not easy. The burden is on the plaintiff to prove his or her case.
For negligent security, this requires proving that the property owner had sufficient notice of the danger and failed to act reasonably.
Proving this often requires costly expert witnesses and discovery.
Just because a person was injured by a third party on someone’s property does not mean that the property owner breached their duty.
Thus, it is imperative that you have an experienced attorney in your corner.
The Alabama negligent security attorneys at the Fob James Law Firm have the knowledge and experience necessary to fight for your rights to work toward getting you the compensation you need to recover.
Why Our Neglient Security Lawyers Are the Best Choice in Alabama
For more than 40 years, the attorneys at Fob James Law Firm have been fighting for victims of serious injuries in Alabama.
- WE WORK CLOSELY WITH EACH OF OUR CLIENTS, ENSURING THEY RECEIVE PERSONALIZED ATTENTION. WITH OUR FIRM, YOU WILL ACTUALLY SPEAK WITH YOUR DEDICATED LAWYER NOT AN ASSISTANT.
- WE MAKE SURE THAT WE DO NOT TAKE SO MANY CASES THAT WE DO NOT HAVE TIME TO GET TO KNOW OUR CLIENTS ON A PERSONAL BASIS. KNOWING WHAT OUR CLIENTS ARE GOING THROUGH HELPS US MORE EFFECTIVELY ADVOCATE ON THEIR BEHALF.
- WE MOVE FAST. WE DO NOT SIT ON CASES. WHEN WE TAKE YOUR CASE WE AGGRESSIVELY WORK YOUR CASE FROM DAY ONE TO ENSURE YOU GET THE COMPENSATION YOU DESERVE AS SOON AS POSSIBLE.
- WE ARE NOT AFRAID TO TAKE YOUR CASE TO TRIAL. AS TRIAL LAWYERS WE LOVE TO LITIGATE CASES IN COURTHOUSES ACROSS THE COUNTRY.
- WE NEVER CHARGE FEES UP FRONT. IF WE DO NOT WIN YOUR CASE YOU OWE US NOTHING.
Our case results and client testimonials speak for themselves. Call us today to schedule your free consultation and case review
Contatact A Negligent Security Lawyer Near Me in Birmingham, AL
If you have questions about negligent security in general or want to discuss your case, contact our team today.
We offer free case reviews and are standing by and ready to discuss your case with you.
The Birmingham, AL negligent security lawyers at Fob James Law Firm have extensive experience helping victims, and we hope we can help you too.
Give us a call at 205-407-6009, or contact us on our website, to discuss your case and see what we can do for you.