What Are Your Legal Options After Being Injured Due to Negligent Security?

An evening out in Lafayette should not end in tragedy. You expect a certain level of safety when you visit a shopping center, park in an apartment complex garage, or stay at a hotel. When property owners fail to uphold their duty and someone gets hurt as a result, the sense of violation is profound. If you were assaulted, robbed, or otherwise injured by a third party on commercial or residential property, you may be wondering what comes next. Can the property owner be held responsible for a criminal act they didn’t commit?

In Louisiana, the answer is often yes. The legal concept associated with injuries on someone else’s property is known as negligent security, and is a part of premises liability law. It holds certain property owners accountable when their failure to implement reasonable security measures leads to foreseeable harm. Understanding your options after such an incident is the first step toward finding a path forward.

Understanding Negligent Security in Louisiana

Property owners are not automatically responsible for every crime that occurs on their premises. But they do have a legal duty to take reasonable steps to protect visitors from foreseeable criminal acts. A successful negligent security claim hinges on proving that the property owner failed in this duty.

An owner’s responsibility applies to a wide range of properties throughout Lafayette Parish where the public is invited or resides, including:

• Apartment buildings and condominium complexes
• Shopping centers, grocery stores, and retail outlets
• Hotels and motels
• Parking lots and garages
• Restaurants, bars, and nightclubs
• Entertainment venues and sports arenas

The core of the issue is what the property owner knew or should have known. If a particular location has a history of crime, the owner is on notice that future incidents are possible, and they must act accordingly.

How to Prove a Negligent Security Claim

Building a case for negligent security requires showing that four key elements existed. Your legal team must demonstrate that the property owner’s carelessness was a direct cause of your injuries.

Duty of Care

First, you must establish that the property owner owed you a duty of care. In Louisiana, business owners who invite the public onto their property have a clear obligation to provide a reasonably safe environment, including taking proactive steps to guard against predictable criminal threats.

Breach of Duty

Next, you must prove the owner failed to meet their obligation. This “breach” is the core of the negligence. Evidence of a breach can take many forms. A property owner might be considered negligent for failing to provide:

• Adequate lighting in parking lots, stairwells, or hallways.
• Functioning security cameras in key locations.
• Properly working locks on doors, windows, and security gates.
• Sufficient security personnel for the size and risk level of the property.
• Proper training for staff on security protocols.

Simply put, if a reasonable property owner would have put a security measure in place to prevent harm, the failure to do so could be considered a breach of duty.

The Crime Was Foreseeable

A criminal act being foreseeable doesn’t mean the owner had to predict the exact crime at the exact time. It means they should have been aware of a general risk based on past events.

For example, if an apartment complex has experienced multiple break-ins or assaults in its parking garage, another similar crime becomes foreseeable. Evidence like police reports of prior incidents on or near the property, frequent calls for law enforcement, or the property’s location in a high-crime area can all be used to establish foreseeability.

The Breach Caused Your Injuries

Finally, there must be a direct link between the inadequate security and the injuries you suffered. For example, if you were attacked in a dimly lit parking lot, you could argue that with proper lighting, the attacker would have been deterred or more easily identified. The lack of that reasonable security measure was a cause of the incident and your resulting harm.

What to Do After an Injury on Someone Else’s Property

The moments after a traumatic event can be chaotic and overwhelming. Taking a few specific actions can help protect your health and your potential legal claim.

1. Prioritize Your Safety and Health: Move to a safe location and call 911 immediately. Report the incident to the police and get medical attention for your injuries, even if they seem minor at first
2. Report the Incident: Inform the property owner, manager, or landlord about what happened as soon as possible. Ask for a copy of any incident report they create
3. Document Everything: If you can, take pictures and videos of the scene with your phone. Pay special attention to things like broken lights, unlocked gates, or overgrown landscaping that could hide an attacker. Get the names and contact information of any witnesses
4. Preserve Evidence: Keep all documents related to the incident, including medical bills, police reports, and communications with the property owner. Do not give a recorded statement to any insurance company without first speaking to an attorney

Louisiana’s Strict Deadline for Filing a Claim

In Louisiana, the law sets a firm time limit for filing personal injury lawsuits. Under Louisiana Civil Code Art. 3492, you have only one year from the date of the injury to file a claim.

One year is a short window of time, especially when you are focused on recovering from physical and emotional trauma. If you miss this deadline, you will likely lose your right to seek compensation forever. That makes it crucial to speak with a knowledgeable attorney as soon as you are able.

A Lafayette Firm Ready to Help

Navigating the aftermath of a traumatic injury can be an arduous journey. You need a compassionate and aggressive advocate who understands your story and knows how to fight for your interests. At The Law Office of Tony Morrow, we have spent over 30 years helping our neighbors in Lafayette Parish through their most challenging times. We see the real people behind every case and believe in open communication and honest guidance.

We are a personable law firm that understands that unexpected injuries can turn your life upside down. If you or a loved one was harmed because a property owner failed to provide a safe environment, call us. Let’s talk about what happened and how we can help. Schedule your consultation by calling our team today at 337-201-9222.