Jackson, TN Inadequate Security
Personal Injury Lawyers Serving Residents of Jackson, Tennessee
In Tennessee, commercial property owners owe legal duties to not only make their properties safe for patrons, but also to take steps to protect their patrons from foreseeable criminal harm. Many times, property owners cut corners when they know patrons, visitors, and guests could be subject to harm from third party attackers, and they choose not to take appropriate security measures needed to protect them. If you or a family member has been attacked on someone else’s premises, and sustained injuries as a result, the Jackson inadequate security attorneys of Nahon, Saharovich & Trotz are ready to speak with you today to discuss your legal options. While individual perpetrators should be held responsible for criminal actions, many Tennesseans are not aware that negligent property owners can be held responsible for their actions (or inaction) as well.
Inadequate Security Cases in Tennessee
Under Tennessee law, it is recognized that ordinarily a business, which can include a store owner, shopping mall operator, or apartment complex, is not to be regarded as an absolute insurer of safety. However, all businesses have a duty to take reasonable measures to protect customers, visitors, and the like if the business knows or has reason to know that criminal acts on or adjacent to the premises are foreseeable.
Actions and decisions can be considered unreasonable if the foreseeable probability and gravity of harm posed by the defendant’s conduct outweighs the burden upon the business to take reasonable measure to make it safe. An inadequate security attorney in Jackson can explain this standard further. Below could be considered signs of unreasonable risks:
- Failure to have adequate lighting;
- Failure to fix broken gates or doors;
- Failure to maintain adequate security on the premises;
- Failure to respond to or address complaints from customers of suspicious people or activity;
- Failure to have proper surveillance.
Inadequate security cases generally involve violent crimes that lead to severe injuries. Many times, these injuries are both physical and emotional. Crimes that are generally the result of inadequate security include murder, rape, sexual assault, burglary, kidnapping, robbery, and carjacking. The risk of catastrophic injury escalates when dangerous weapons are involved.
Proving Negligent Security
Foreseeability is key. For example, let’s say that you are leaving a restaurant in Jackson that has been notorious for parking lot robberies, and a robber physically assaults you. Despite numerous assaults and robberies over the past six months, the landlord has not taken basic steps to promote safety such as adding lights or hiring security. Here, you can argue that the property owner had direct knowledge of criminal activity on the premises yet took no steps to address the issue.
On the other hand, let’s say that you are walking out of a shopping mall during peak holiday shopping season. Assume the parking lot is well-lit, and numerous security guards are roaming the lot and helping direct traffic per the mall’s security plan. If an assault occurs in this instance, it will be much more difficult to establish liability.
To satisfy your legal burden of proving a property owner or manager’s negligence, you should consult with an inadequate security lawyer in the Jackson area. Due to their depth and complexity, extensive litigation and discovery may be required for these cases. Relevant information can include the criminal history of the property, whether the property was located in a high-crime area, and what steps ownership took in terms of creating and executing a viable security plan for the property. These answers are not easy to get, as most property owners tend to vigorously defend themselves against these types of allegations. This highlights the importance of retaining a law firm with the experience and resources to properly handle a negligent security case.
Call a Jackson Inadequate Security Lawyer Today
If you have been attacked by a third party on the premises of a commercial property in Madison County, it is important to contact an attorney immediately. In the State of Tennessee, you have one year from the date of incident to settle your claim or file a lawsuit against the at-fault party. At Nahon, Saharovich & Trotz we help innocent victims across Tennessee, Mississippi, Arkansas, Missouri, and Kentucky recover fair compensation. Call our office at 800-529-4004 or complete our online form to set up a free consultation with a premises liability attorney in our Jackson, Tennessee, office. Whether you or a loved one was attacked at an apartment complex, shopping mall, grocery store, or other place of business, let us show you how NST can help.