Assaults are traumatic events that can result in serious emotional as well as physical injuries. It may take a long time for a victim to heal, both physically and psychologically. If you have been assaulted or injured as the result of inadequate security, call the Maine negligent security attorneys at Briggs & Wholey and let us focus on your claim while you focus on healing.Millions of People Are Victimized Each Year
Violent crime is a serious problem in the United States. Information from the U.S. Bureau of Justice indicates that more than 6.8 million people were the victims of violent crime in 2012. This number includes victims of rape and sexual assault, aggravated and simple assault, domestic violence, and robbery. This number does not include victims of homicides. The Bureau of Justice reports more than 14,000 homicides in the United States during 2011. Many of these incidents occur in parking lots, at restaurants, at hotels, at apartment complexes, and at other businesses.Negligent Security in Maine
Maine law places a duty of reasonable care on anyone in possession and control of property, including owners, lessees, and business proprietors. That duty protects anyone who is legally on the property. The duty requires the exercise of reasonable care to provide safe premises when the owner or possessor knows or should know of the risks. A negligent security claim requires proof of the elements of negligence: 1) a duty owed to the plaintiff; 2) defendant’s breach of the duty; 3) proximate cause; and 4) damages.
Maine law provides that liability may lie with the proprietor of a hotel, restaurant, or similar business who, having reason to anticipate an assault on a patron, fails to exercise reasonable care to prevent the assault or interfere with its execution. The duty in such cases is based on the special relationship between the business and its patron. The business must have notice of the risk, and this notice can sometimes be shown with evidence of prior similar incidents on the premises.
Where there is no special relationship, the duty is more limited. Without the special relationship, the property owner or possessor may not have a duty to act affirmatively to protect a person from harm caused by another person, unless the owner or possessor caused the danger. All negligent security claims are highly fact-dependent. An experienced Maine negligent security attorney can investigate and evaluate a potential claim and advise on the best course of action.Potential Negligent Security Issues
There are several ways that property owners may be negligent in providing security for the premises. Negligent security cases may arise from:
- Inadequate lighting
- Inadequate or broken locks, fences, or gates
- Failure to respond or take action in the event of a potential incident
- Failure to hire appropriate security personnel
- Failure to install security cameras
When negligent security results in injury to a person, the injured person may recover medical expenses, lost wages, pain and suffering, and other damages. If the victim is killed in the incident, his or her personal representative may be able to file a wrongful death action against the property owner to recover compensation for pecuniary injuries, medical and funeral expenses, the loss of the deceased’s companionship, and the “conscious suffering” of the deceased.Advocating for Victims
The investigation of a Maine negligent security claim should be started as soon as possible to ensure that any evidence is preserved. The Maine personal injury attorneys at Briggs & Wholey have nearly 30 years of combined experience representing personal injury victims in Maine. We know how to investigate and argue your case. Please call (888) 596-1099 or contact us online to schedule a free consultation and let us fight for you.