Grand Junction Inadequate Security Attorneys
Were You Injured at a Venue That Didn’t Have Enough Security?
Being assaulted is traumatic in many ways, and it can take years to recover from a few minutes. In many cases, the victim will blame him or herself and wonder what could have been done differently to avoid the attack.
Well, if you or a loved has been hurt by a crime, and it took place in a public or commercial location, the tragedy may have been avoided with proper security measures. When a property owner fails to adequately protect its patrons, it may be partially to blame for the crime.
As a victim, you deserve to be compensated for your injuries so you can concentrate on what is truly important: making a full recovery. To learn more about your options, contact our Grand Junction personal injury lawyers at (970) 243-4357 to schedule a free consultation.
What Is Premises Liability?
A "premises" is defined as land (and structures built on that land) belonging to a business, organization, or individual. The term "premises liability" refers to the legal responsibility of the property owner for any injuries suffered by lawful visitors. While these injuries might be caused by trip-and-falls, electric shock, or similar accidents, they also include criminal behavior on the property due to lax or non-existent security.
According to Colorado’s premises liability statute (C.R.S. §13-21-115), a property owner has a legal duty of care to anyone who is legally on the property (and maybe even for trespassers, in certain circumstances). But for the owner to be found liable, it must be proven that the danger was foreseeable and that a reasonable person would have been aware of it.
For instance, if a bottle of wine breaks on the floor in a store, and 10 seconds later, a customer slips and falls, it would be unreasonable to expect the store owner to have cleaned up the mess in such a short span of time. However, if the spill was left for over ten minutes before the customer’s fall, then it’s reasonable to assume the store failed in its duty to keep the premises safe.
How Does This Apply to Assaults and Other Crime?
If a landlord was aware of the danger of criminal activity on his premises, but failed to do anything to protect his customers, this can be viewed as negligence in the state of Colorado. For example, if you are injured in a bar fight, and this bar has repeatedly had brawls in the past yet has not hired security personnel, then you would have a strong case against the bar owner. Not only has there been a pattern of dangerous activity at this bar, but in general, bars understand the need to have security guards and bouncers to maintain order on their premises.
This also applies to any commercial location in a dangerous part of town, or which attracts a dangerous clientele. Reasonable measures that a property owner might be expected to take include the following:
- Putting in video surveillance cameras
- Making sure those surveillance cameras are in working order
- Putting in an intercom system
- Installing and/or changing locks on a regular basis
- Instituting a well-thought out security policy
- Hiring security personnel or bouncers
- Posting signs alerting patrons to potential threats
- Having bright lights in the parking lot or stairwells, for when it gets dark
At Peters & Nolan, LLC, we know how to investigate these types of cases. We make it a point to learn whether there have been similar incidents involving the same property owner, or nearby property owners, that should have served as a warning.
Contact us today at (970) 243-4357 to set up your free consultation with a Grand Junction premises liability lawyer. If you have a case, we’ll represent you at no upfront fee, and only take payment after we get you the money you need to heal.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.