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Charlotte Negligent Security Attorneys

Were You Hurt Due to Poor Security Measures?

When you’re on someone else’s property, especially commercial property like a store or business, you should be able to assume that security measures have been taken to protect you from potential criminal offenses. If those measures were not taken and you are hurt or affected by a crime, the property owner or manager could be responsible for your harm and losses.

At Shane Smith Law, we take pride in representing individuals who have been injured as a result of crimes that could, and should, have been prevented by adequate security measures. Our Charlotte negligent security lawyers firmly believe that property owners should be held accountable for their failure to take necessary precautions to secure their properties and prevent criminal activities. Using our decades of collective legal experience and resources, we’re ready to represent you in a complex negligent security claim or lawsuit.

Find out about our legal services available in Charlotte, North Carolina. Call (980) 246-2656 and ask for a free consultation with our firm.

Examples of Negligent Security

Premises liability is a legal concept that requires property owners to take reasonable steps to protect visitors, patrons, and others from harm, including harm caused by criminal acts. Despite this responsibility, many commercial property owners often overlook this duty, leading to inadequate security measures that can result in harm to innocent individuals. When security measures are not up to par, it opens the door for potential crimes to occur, turning the property into a hazardous environment. In turn, an attorney could prove that the property owner is liable for the consequences of crimes that happen on the property due to their inaction to secure the premises, which can be argued as a form of negligence.

Common examples of negligent security include:

  • Insufficient security staff: If there are not enough security personnel present on the property to adequately monitor and protect the area, visitors could be at risk of criminal acts like assault, battery, and robbery.
  • Lack of locks or key systems on exterior doors: The absence of these security measures makes it easy for unauthorized individuals to gain access to the property.
  • Non-functioning or absent security cameras: Security cameras are crucial in monitoring activities on a property. If they are broken, crimes may go undetected or unrecorded. If cameras are missing altogether, it can encourage criminal offenders to commit crimes there.
  • Poor lighting: Dimly lit areas can provide obscurity for criminal activities. Adequate lighting is essential in parking lots, walkways, and other common areas to deter criminals and ensure the safety of individuals on the property.

Properties That Need Strong Security

Security needs can vary greatly from one property to another. The type of security needed often depends on several factors, such as what is sold at the property, the volume of people who typically frequent the property, and the location of the property, especially if it's situated in a high-crime neighborhood. These factors can significantly influence the potential risk of criminal activities occurring on the premises, thereby necessitating different degrees of security measures.

Our attorneys can investigate your case to see if the property on which you were affected by crime should have had more security measures in place. We can also check the property’s internal security and safety reports, if any exist, to look for evidence that the risk of crime was known or should have been known—yet no improvements were made.

Examples of properties that often require stronger security measures include:

  • Retail stores: Particularly those selling high-value items like electronics, jewelry, or designer goods. These businesses are attractive targets for thieves, necessitating solid security.
  • Banks and financial institutions: Given the nature of their business, these establishments need security to prevent robberies and protect the financial assets of their customers.
  • Hotels and resorts: With a high turnover of guests and the presence of valuable belongings, these properties should have security measures in place to prevent theft.
  • Concert venues and stadiums: The large crowds at these venues make them a potential target for various crimes, requiring vigilant security measures, especially at entryways.
  • Properties in high-crime neighborhoods: Regardless of the type of property, if it's located in a high-crime area, stronger security measures are essential to deter potential criminal activities.

Injuries Suffered in Violent Crimes

The consequences of a violent criminal act can vary and persist for years. Physical injuries can be life-changing, but so can emotional and mental trauma suffered due to the frightening experience. When we are working on a negligent security claim, we always consider all types of harm you have endured due to the criminal’s actions, which should have been prevented with better security measures.

The value of your claim could be affected by your:

  • Physical injuries: A violent crime can cause a variety of physical injuries like lacerations, fractures, gunshot wounds, etc. Permanent disabilities or fatal injuries might be suffered in the most violent of assaults.
  • Traumatization: The emotional impact of being a victim of a crime can be just as devastating, if not more so, than physical injuries. Victims often grapple with feelings of fear, anxiety, and distress long after the incident. Post-traumatic stress disorder (PTSD) is not uncommon among survivors of certain crimes.
  • Financial losses: Of course, if you lost valuable property due to a theft crime, the value of that property will be considered when calculating the compensation owed to you.

Negligent Security Claim Damages

We know how to fight for the full damages owed to you as a negligent security claimant. Our Charlotte negligent security attorneys have the skills and experience to handle all aspects of your claim and pursue full damages. Whether your case can be resolved through settlement negotiations or needs to go to court for litigation, we will be ready to protect your rights and fight for fair and maximized compensation on your behalf.

Damages in a typical negligent security claim can be sorted into two categories:

  1. Economic: Tangible financial losses that you have suffered due to criminal activity that went unprevented. Medical expenses, lost wages, future unearned or lessened income, and property damage or loss are the most common forms of economic damage.
  2. Non-economic: Intangible harm that you suffered due to criminal activity that went unprevented. Pain, suffering, emotional distress, and loss of enjoyment of life are among the most common types of non-economic damage. Different damages may exist if you lost a loved one due to a violent crime.

Call Our Charlotte Negligent Security Lawyers Now

If you've been harmed or impacted by a crime on another person's property, the criminal justice system may not account for your financial losses and various damages. In such cases, pursuing a civil lawsuit can be crucial to holding the property owner accountable for their failure to provide adequate security. Our legal team at Shane Smith Law is well-versed in handling negligent security cases and all the complexities that come with them. Our Charlotte negligent security attorneys are prepared to serve as your legal advocates in your pursuit of both compensation and justice.

Call (980) 246-2656 or send an online contact form to request a free, confidential case consultation with Shane Smith Law.

Frequently Asked Questions

Start Getting Answers to yOur Questions
  • Do Certain Types of Properties in Charlotte Have Stricter Security Requirements?

    Yes, certain types of properties in Charlotte, particularly those that invite the public onto their premises, are required to maintain a certain standard of security to ensure the safety of visitors. These properties may include shopping malls, apartment complexes, hotels, parking garages, bars, restaurants, and other establishments where the public is invited or expected to be.

    In legal terms, owners of these types of properties have a duty to take reasonable measures to ensure the safety and security of their premises. The same security requirements don’t apply to private homes and properties where public patrons are not expected.

  • Where Is Your Office Located and How Can I Schedule a Consultation?

    Shane Smith Law serves victims across Mecklenburg County and the state of North Carolina from our conveniently located Charlotte office:

    9144 Arrowpoint Blvd., Suite 200,
    Charlotte, NC 28273

    As a full-service personal injury practice, we offer victims and families a variety of options when it comes to scheduling free and confidential consultations. This includes consultations conducted over the phone, in-person at our office, or, in some cases, with us traveling to those who can’t make it to us. During a consultation, we'll review the details of your case, answer any questions you may have, and discuss the best course of action for pursuing compensation for your injuries.

    You can request your free consultation by calling (980) 246-2656 or completing an online consultation form.

  • What Should I Do if I've Been Injured in a Gas Station Shooting in Charlotte?

    If you've been injured in a gas station shooting in Charlotte, your priority should be to seek medical attention for your injuries. Once you've received medical care, it's essential to document the incident by reporting it to the police and obtaining a copy of the police report. Additionally, you can consult with a premises liability attorney from our firm who can help you understand your legal rights and options for pursuing compensation for your injuries.

  • How Can I Find a Lawyer Specializing in Negligent Security Cases in Charlotte?

    Finding the right lawyer to handle your case can be one of the most important decisions you make.

    You can start your search by looking for personal injury law firms in Charlotte that specifically practice personal injury law and have verified experience litigating premises liability and negligent security cases, which are less common types of claims. At Shane Smith Law, for example, our record of success includes millions of dollars in recoveries for victims injured due to negligent security or in other property-related accidents.

    You can also ask for referrals from friends, family members, or other attorneys you trust, and review any available testimonials from former clients. Make sure to schedule consultations with a few different lawyers to find the one who is the best fit for your case.

  • Are There Any Areas in Charlotte Known for Higher Crime Rates?

    Like any city, Charlotte has areas with higher crime rates than others. Understanding the crime statistics and patterns in specific neighborhoods can be crucial for assessing the likelihood of encountering security issues on a property. Some local areas associated with high rates of property and violent crimes include:

    • Montclaire South, including Nations Ford, Arrowood, Archdale and South Blvd.
    • West Charlotte, including Beatties Ford/LaSalle, West/Remount and Freedom/I-85.
    • East Charlotte, including Milton/Sharon Amity in the Hickory Grove neighborhood.
    • North Charlotte/University, including North Tryon corridor/Sugar Creek, University City Blvd, and Mallard Creek Church Rd.

    While property owners generally have legal obligations to provide adequate security measures to protect visitors from foreseeable harm, their location and the prevalence of crime in and around their property can influence what constitutes “adequate.” A small market in a low-crime area, for example, may be fine with moderate security measures, while a nightclub in a higher-crime location and a history of physical altercations could require more significant measures to keep guests safe.

  • What Evidence Can Help with a Negligent Security Claim?

    Evidence that can help support a negligent security claim includes:

    • Incident reports filed with the police or property owner.
    • Witness statements from individuals who saw the incident occur.
    • Surveillance footage from security cameras on the property.
    • Records of previous criminal activity on the property.
    • Documentation of your injuries, such as medical records and photographs.
    • Expert testimony from security professionals or other relevant experts.

    Collecting and preserving this evidence is essential for building a strong case, so it's vital to begin this process as soon as possible after the incident. At Shane Smith Law, we immediately get to work to gather and preserve evidence when clients contact us.

  • Does a Broken Gate or Fence Indicate Negligent Security?

    A broken gate or fence can indeed be evidence of negligent security if it contributed to the property owner's failure to prevent foreseeable harm. Property owners are expected to maintain their premises in a reasonably safe condition, which may include repairing or replacing broken security features like gates or fences. However, the specific circumstances of each case will determine whether the broken gate or fence constitutes negligent security.

  • Should I Report the Crime to the Charlotte-Mecklenburg Police Department?

    Yes, it's essential to report the crime that resulted in your injury to law enforcement – be it the Charlotte-Mecklenburg Police Department or another local, county, or state agency – as soon as possible after the incident.

    Not only does this help ensure your safety and the safety of others, but it also creates an official record of the incident, which can be crucial evidence for your negligent security claim.

  • Can I Sue for Negligent Security if I Was Trespassing?

    While property owners owe a duty of care to lawful visitors, such as customers or tenants, they generally owe a lesser duty to trespassers.

    However, there are exceptions to this rule, particularly if the property owner knew or should have known about the trespassers and failed to take reasonable steps to prevent harm. In some jurisdictions, there are also exceptions made for minor children who wander onto properties because of things that attracted them, which is known as the “attractive nuisances” doctrine. Consulting with a premises liability attorney can help determine if you have a viable claim, even if you or your child were legally trespassing at the time of the incident.

  • Can I Settle My Case Out of Court?

    Yes, you can resolve your negligent security case outside of court through a negotiated settlement with the property owner’s insurance company (and/or the insurers for a security company or other third party), or through alternative dispute resolution methods such as mediation or arbitration. In fact, that’s how most personal injury cases are resolved.

    However, whether it’s in your best interest to settle your case out of court is a decision that should be made carefully and with the guidance of your attorney based on the facts involved. Your lawyer will work to negotiate a fair settlement that adequately compensates you for your injuries and other losses while also considering the potential risks and benefits of going to trial.

  • How Much Does it Cost to Hire a Personal Injury Lawyer in Charlotte?

    Like most lawyers in Charlotte who handle personal injury and premises liability cases, our team at Shane Smith Law works on a contingency fee basis.

    This means that you won't owe anything upfront, and that we only collect a fee, which is typically a percentage of the total compensation awarded in your case, if a settlement or verdict is obtained. We can discuss our fee structure and any questions you have about potential costs associated with your case during a consultation.

  • How Long Do I Have to File a Lawsuit for Negligent Security in North Carolina?

    In North Carolina, the statute of limitations for filing a lawsuit for negligent security is typically three years from the date of the incident. However, it's essential to consult with an attorney as soon as possible after the incident to ensure you don't miss any deadlines or crucial evidence-gathering opportunities.

  • I Was Mugged in a Poorly Lit Parking Lot in the Charlotte Area. Can I Sue the Property Owner?

    If inadequate lighting contributed to your injury by creating conditions that allowed the mugging to occur, you may have grounds to sue the property owner for negligent security. Property owners are generally required to provide adequate lighting in areas where visitors are expected, such as parking lots, to deter criminal activity and enhance safety. Our Charlotte premises liability attorneys here at Shane Smith Law can help evaluate the circumstances of your case and determine the viability of a negligent security claim.

  • What Resources Are Available for Victims of Crime in Charlotte?

    Various resources for victims of crime in the Charlotte area are available from local law enforcement agencies, victim compensation programs, and community-based organizations dedicated to victim assistance. Some of these include:

  • Should I Keep Receipts for My Medical Bills After a Negligent Security Injury?

    Yes, it's crucial to keep receipts for all medical expenses related to your negligent security injury. These receipts will serve as evidence of the damages you've incurred due to the incident and will be necessary for calculating the compensation you may be entitled to receive. Be sure to keep records of all medical bills, prescription medications, therapy sessions, and any other expenses related to your injury. Your attorney will use this documentation to help build a strong case on your behalf.