In our third and final installment of our Damages series, we’re going to delve into the subject of damages awarded in cases of negligent security and once again, touch briefly on how this can pertain to a Class of people. For reference, in this article we will use apartment building tenants who became victims of crime due to landlord negligence to secure his or her property with proper security measures as one of the several examples to be discussed.
As we’ve previously established, landlords and business owners have an obligation to protect those who live, visit, and work on their property. Failure to do so entirely or lack of effort put into doing so both run the risk of financial consequences for the business or property owner. Allowing tenants to live somewhere unsecured or allowing service workers to work in unsecured conditions in areas with high crime rates make landlords liable for any assaults, violent crimes, or shootings that occur that are directly caused by lack of securing the property.
May we have the attention of the Class?
To refresh, a Class Action lawsuit is complex and while only a board certified civil trial lawyer can succesfully take point on these cases, first and foremost it’s important to know how and why these lawsuits occur.
A Class Action lawsuit is often filed when multiple individuals become injured by a company or person (Roundup, talcum powder, and Ticketmaster all suffered enormous Class Action lawsuits in recent years due to business practices that caused undue harm). This type of lawsuit must establish that the threat to life that occurred to each and every member of the Class occurred in a specific time period, and not only this, but that these injuries were directly related to using a product or service. In the case of negligent security, multiple assaults on one property when the landlord or business owner knew the crime rate was higher than average for the area.
Protecting property, people is priority
In the case of negligent security, an individual may retain counsel if they or a loved one sustained injuries due to violent crime while on their rented property. This means if a shooting occurred, such as the case of one Jacksonville woman–whose legal team has chosen to withhold her identity due to a confidentiality agreement–and a person sustains injuries that could have been prevented––the landlord is liable and can be taken to court, sued, and forced to pay damages for the injuries they knew were possible due to their neglect in securing their property to properly account for the area’s crime rate.
Leaving it to the judge
Finally, to conclude our series on damages, let’s look at it from a courtroom perspective. When it comes to awarding damages to individuals injured due to negligent security, many of the same important factors come into play as they would in any case where a violent crime or wrongful death occurred, and a victim sustained life-threatening injuries or worse, passed away. These cases will usually go to trial, due to their catastrophic nature and the amount of justice needed to be provided to the victim and their family.
While money is not the most important thing, as we’ve established on The Law Resource, it can help lessen the burden placed upon families whose loved one has had their life forever changed by a violent act. Negligent security not only affects the property, but more importantly it affects people, and when that priority is overlooked, victims pay the price–and should be compensated accordingly.
Certain things that the judge will consider in each and every negligent security case that goes to trial include, but are not limited to the following:
- What is the age of the plaintiff? Are they elderly or minor children?
- Life expectancy of the plaintiff (had he or she not sustained injury due to the defendant’s (in this case the business owner or landlord) actions–if the victim tragically passed away, were they in good health before they suffered fatal injuries?
- The quality of life a victim of a violent crime had prior to the pain and suffering sustained due to the actions of the defendant.
- Lost wages, future earnings: While two very separate categories, both however look at the financial side of the case in different ways. Lost wages investigates whether the victim has lost significant income due to their injuries–incurring medical expenses and debt due to being out of work immediately following their injuries? Future earnings uncovers whether a victim is unable to return to the job they held prior to their injuries, thus decreasing their future earning potential for themselves and their family.
Next on The Law Resource, we’re going back to Class! Our next article series will once again cover aspects of Class Action litigation we’ve yet to discuss here on the blog. We’ll provide updates on Roundup, talcum powder, and Gadolinium and help to educate our valued readers on what to do if they or a loved one should find themselves a victim.
Learn more about Class Action claims by visiting our Class Action website at classactionlawsuit.legal!