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Jan 31, 2019 - Personal Injury by Cross & Smith

Tuscaloosa Injury Attorneys Helping You When You Need it Most If you’ve been injured by a third-party while on the defendant’s commercial property, then you could be entitled to bring an inadequate security claim against the defendant for the damages you suffered. In Alabama, and elsewhere, commercial property owners are responsible for shielding premises entrants from unreasonable and non-obvious risks of harm.  This duty can be resolved by correcting dangerous conditions of property, or by warning premises entrants of the dangerous condition itself. When the dangerous condition of property is not an object-based defect, but the risks posed by criminal activity in-and-around the property, then the owner must either provide adequate security to protect entrants or warn entrants so that they are aware of the inherent dangers. Let’s take a closer look. Inadequate Security Claims Can Be a Challenge When bringing an inadequate security claim against the property owner, you’ll have to show that the risk of harm from a third-party was reasonably foreseeable.  Property owners cannot be held liable for the unexpected acts of third parties. Reasonably Foreseeable Harm Whether third-party harm is reasonably foreseeable is a determination that depends on the total circumstances.  There is no clear objective standard. We’ll explore the basics using an example. Suppose that you are injured by a mugger just outside of the defendant’s retail store, in their parking lot.  With the aid of a qualified attorney, you begin to investigate the case and discover that there have been multiple muggings outside the […]