How Negligent Security Contributes to Parking Lot Kidnappings

Violent criminal activity can affect anyone of us, and it’s a chilling thought to consider. We understand that bad things happen to good people when they’re at the wrong place at the wrong time, or they may even be the victim of a stalker.

When you or a loved one becomes a victim of a parking lot kidnapping, you may think the only person who can be held liable for injury or death is the person who committed the crime. However, that’s not always the case. When we’re in a public or private space such as a shopping center, place of business, hotel, or apartment complex parking lot, we expect and trust there will be a reasonable level of security to protect us from people with bad intent.

Sometimes that trust is broken if security isn’t adequate. Perhaps there was insufficient lighting, security guards, or security cameras. When security measures don’t live up to a reasonable standard, the property owner or business can be held liable for injuries along with the perpetrator. Victims of parking lot kidnappings have legal options to recover compensation for their injuries. Morgan and Morgan Law Firm are here to guide you through the claims process and will fight to protect your rights.

We encourage you to contact us for a free case evaluation so we can review the incident and see if you have a case. We will help you pursue legal action if you have a valid claim. We don’t charge you anything unless we recover fair compensation for your claim.

Insight Into Negligent Security Claims

Negligent security falls under premises liability under the law, which deals with crime on public or private property. When a third party injures individuals during the commission of a crime because a property owner failed to make the property reasonably safe, the property owner may be held liable because if it weren’t for negligent security, the crime wouldn’t have taken place.

There can be many factors that contribute to negligent security on a property. Some examples of negligent security include the following:

• Lack of security guards patrolling the property
• Broken or open locks
• Broken security cameras
• Lack of security cameras
• Open gates
• Lack of security measures or protocols
• Failure to monitor or install security systems
• Failure by employers to conduct background checks on employees
• Lack of lighting on the grounds indoors and outdoors

When property owners know there is a history of criminal activity, they are responsible for taking adequate measures to mitigate threats to visitors to the property, whether they are customers, guests, residents, or employees. When they fail in that obligation, they open themselves up to liability for any injuries that occur due to inadequate security.

What Security Measures Should Property Owners Take to Ensure the Public Is Safe?

Depending on the specific property, adequate security measures may include the following:

• Hiring security guards to patrol the property
• Installing security cameras and security systems
• Locking doors and windows when necessary
• Installing gated entrances that close automatically
• Installing adequate lighting in and around the property
• Conduct background checks on employees and exclude all that have a violent record
• Train employees to watch for suspicious activity
• Follow standard security protocols that require identification, especially relevant in hotels
• Installing fencing to prevent trespassers

What Kind of Negligent Security Cases Does Morgan and Morgan Law Firm Handle?

Our firm is experienced in handling a wide variety of negligent security claims and is prepared to provide legal guidance to victims of parking lot kidnappings on the following types of properties:

• Schools
• Hospitals
• Airports
• Hotels and motels
• Shopping centers
• Restaurants
• Bars and nightclubs
• Bus or train stations
• Supermarkets
• Retail stores
• Parking lots and garages
• Office buildings
• Private businesses
• Churches
• Gyms
• Parks and recreation facilities

This list is not exhaustive, but if you’ve been kidnapped in a parking lot, contact our parking lot kidnapping lawyers today. We’ll conduct a detailed investigation to see whether or not negligent security contributed to your injuries and fight to recover compensation on your behalf.

What Is Required to Prove Negligent Security in a Premises Liability Claim?

Negligent security claims require four elements to be proven for a chance to collect damages. The following must be established:

Duty of care - Property owners have a duty of care to ensure individuals are safe on their property. It is a legal duty to protect the public by taking actions that another reasonable person would do to ensure the safety of visitors, guests, employees, and other members of the public under similar circumstances.

Breach of duty - The owner of the property failed in their duty to exercise reasonable care to ensure people would not be harmed. To put it differently, the property owner failed to take adequate security measures like having the property guarded, installing cameras, and following safety protocols.

Causation - Causation means there is a direct link between your injuries and the failure to exercise reasonable care. For example, if you were kidnapped from a convenience store parking lot and the owner was aware of criminal activity yet failed to step up security measures, it’s reasonable to link that failure to your injuries.

Damages - For any successful civil claim, there must be damages. This means you suffered losses such as medical bills, lost wages, physical pain and suffering, mental anguish, and lost earning capacity, among other types of damages.

If a property owner was aware there was a lack of safety measures and failed to take actions that another reasonable person would have under similar circumstances, they may be held liable.

What are the Statute of Limitations for a Parking Lot Kidnapping Claim

Every state has laws that define the amount of time you have to take legal action in a personal injury lawsuit for negligent security. These laws are known as statutes of limitations. That’s why it is crucial to talk to one of our lawyers today. Delaying a legal claim makes it harder to be successful. If the statute of limitations deadline passes, you will most likely lose your ability to recover compensation. The exception to this is when you’re filing a personal injury claim against the kidnapper. When a defendant in a civil claim has criminal charges brought against them for their crime, many states extend the deadline victims have to file a personal injury claim. Contact us today to understand how the statute of limitations in your state will affect your claim.

What Are the Benefits of Hiring a Negligent Security Lawyer?

Negligent security lawsuits are often complex and time-consuming because it requires a lot of investigation. Having a lawyer on your side can be of immense help because we have the know-how and the resources to conduct a proper investigation. Don’t expect that a defendant will be forthcoming with the vital evidence you’ll need to establish their negligence. It often requires legal motions to compel them to provide the documentation required. For example, internal communications may show they recognized the risks and didn’t take steps to correct the problem.

When we investigate this type of claim for our client, we may use the following methods to uncover evidence and establish liability:

• Intense investigation of the property, including taking pictures and video of where the crime occurred
• Examining the security in place to determine if it is adequate
• Interviewing any witnesses, including security guards, on their safety protocols
• Making requests for public records to determine if criminal activity was a regular threat in the area
• Collecting other evidence to prove the property owner was negligent in their safety measures which contributed to your kidnapping attack

These kinds of cases are frequently settled out of court for many reasons, such as the property owner doesn’t want the negative press or doesn’t want to risk being ordered to pay for punitive damages. However, if negotiations fail, we will be prepared to take your case to trial and let a jury decide. In fact, when we take on a case, we always prepare as if we will go to trial. We’re not afraid of the courtroom either. If the defendant tries to settle for anything less than what we think your claim is worth, we’ll push for more. However, the final decision on whether to settle or go to trial is always yours to make.  

The bottom line is this. Property owners have a legal duty to make sure their property is safe and free from criminal activity. Frequently, if property owners take measures to install security systems and guards, parking lot kidnappings will not occur.

Criminals look for opportunities that make it easier to commit crimes, such as a lack of security, broken security cameras, and poor lighting. We know the right questions to ask to determine if security is lacking and thus responsible for the violent crime perpetrated upon you. We understand that compensation for victims of violence and their families doesn’t lessen the trauma and physical pain endured. But, it can help victims move on, knowing that justice is served.

Lawyers for Victims of Violent Crimes

We know that much of this article has been dedicated to security negligence, but what about making the kidnapper pay through a personal injury lawsuit? We look at these crimes through the lens of security negligence because, most likely, the property owner will have insurance which is a means to gain compensation. People who commit violent crimes may not have sufficient financial assets to compensate victims. But what if they do?

A civil lawsuit can give victims a chance at compensation when other payment methods fail. Even if the criminal court orders the criminal to pay restitution, it may be insufficient to cover all your economic and noneconomic damages. In a civil case, you are the one in control, including the approval of a settlement.

In a civil lawsuit, it’s easier for the victim to prevail than in a criminal case. Just look at the civil lawsuit against O.J. Simpson. Even though he was acquitted of murder, he lost in the civil trial. That’s because the plaintiffs don’t have to prove guilt beyond a reasonable doubt. Instead, they must only prove the defendant is responsible for damages through a preponderance of the evidence.

Suppose you have been injured in a parking lot kidnapping. In that case, the lawyers at Morgan and Morgan may be able to file a civil claim against the offender for personal injury.

We are very sympathetic to victims and their families and will handle your case with compassion and diligence. Contact us today for a free case consultation. Even if we cannot take your case, we may be able to help you decide what other steps you can take.