Being attacked in a public place like an apartment, mall, store, or parking lot can cause broken bones, head injury, and psychological trauma. Unfortunately, criminal acts are one of those things that are outside of our control. However, if you were attacked in a public place and there was not enough security then there may be something you can do about it. You may be able to get compensation for the injuries to you and your family.
Victims of violent crime in malls, stores, parking lots, and other public places may be able to hold the person who owns or manages the land accountable. The owners and managers of these public places must take reasonable steps to ensure the safety of their visitors. When they do not, and someone is injured or killed as a result, the victim or the victim’s family may be able to file a lawsuit seeking compensation for their losses.
Victims of a crime can hold those responsible accountable
Most crime victims are unaware they could seek compensation separate from victims compensation programs.
When a victim suffers an injury or death as a direct result of a crime, they and/or their family members may be able to bring a civil lawsuit against the criminal, as well as any other person or entity who may have contributed to the harm.
The main difference between a civil and criminal case is that in a civil case, the victim sues for compensation (usually monetary), while in a criminal case, the government sues on behalf of the people as a whole to punish the criminal.
There are several grounds upon which a civil suit could be based, but the most common is negligence. To win their case, the victim must prove that the defendant owed them a duty of care, that the defendant breached that duty, and that the breach of duty was the direct cause of the victim’s injury or death.
In some cases, victims may also be able to sue for intentional acts that caused harm, even if those acts did not result in criminal charges. For example, if someone assaults you and you are injured as a result, you can sue for both the physical injuries and the emotional distress caused by the attack, even if the attacker is not charged with a crime.
If you are considering bringing a civil suit against someone who has harmed you, it is important to speak with an experienced personal injury lawyer to discuss your options and whether you have a viable case. The lawyer can also help you determine what damages you may be able to recover, such as medical expenses, lost wages, pain and suffering, and punitive damages.
What if I am attacked at a mall?
Malls are commonplace for people to congregate, so they must be well-secured. Unfortunately, not all malls live up to this expectation. In some cases, inadequate security can lead to serious crimes taking place on the premises. This can be devastating for both the victims and their families.
Here is an example of someone that may be able to recover from a mall management company or owner.
It is 5:30 PM on a Wednesday and the mall security guard is finishing a foot patrol on the second floor of the garage parking deck. A group of about 5 young men congregating near a car see the security guard drawing closer. One of the young men calls out “hey renta cop, get outta here.” The security guard looks toward the man that yelled out and says “excuse me?” The man says “you heard me, get out of here before you get hurt.” The security guard does not move and the group of men approaches him. Thinking that there is an emergency call box to the police next to the elevator, the security guard turns and runs for the call box. The group of young men gives chase.
The security guard reaches the call box and presses the button. The box does not work. It hasn’t worked for months and the mall management knew about it. The young men descend on our security guard brutally beating him in the head, chest, and back causing brain injury and broken ribs.
In this scenario, the security guard has a claim against the mall management and the owners of the property for negligence and failure to provide adequate security. The security should be able to recover compensation for his injuries.
What if I am attacked in an apartment building?
A landlord can be held liable for the damages that result from a crime that occurs on their property. Even if the crime occurs in the apartment and not in a common area, there may be facts that would make the landlord accountable for the damage.
The landlord must keep the building secure. The consequences of a landlord failing to provide adequate security can be severe. For example, if the landlord knows that the lock on the outer door does not latch and fails to repair it then a crime occurs in the building he may be held liable for the damages. Now, a landlord cannot be expected to stop all crimes, but when they fail to fix, provide, or maintain security equipment that could have prevented the crime then they may be held accountable.
What if I am attacked in a parking lot?
Parking lots are another common area where people congregate. Like malls, they need to be well-secured to ensure the safety of those who use them. Unfortunately, not all parking lots live up to this expectation. In some cases, inadequate security can lead to serious crimes taking place on the premises. This can be devastating for both the victims and their families.
What if I am attacked in a store while shopping?
Most stores are on property that is managed or owned by companies that have to make sure there is enough security, lighting, and other safety measures to reduce the chance of criminal activity.
What if I am attacked at a bar or restaurant?
Bar owners and restaurants have to hire the right employees for the job. They also must provide adequate security to ensure the safety of their patrons. If you are attacked and injured as a result of negligently hired or inadequate security, you may be able to file a premises liability claim against the business owner.
In another example of a case that Sadaka Law successfully handled, a young man was brutally assaulted by a bouncer outside a bar in New Jersey. In that case, the bouncer was not only convicted of a crime but the victim was able to claim that the bar owners were liable for their poor hiring and monitoring of bouncer staff. That case resulted in a significant settlement for the injured young man.
What does it cost to talk to an attorney?
At Sadaka Law it is always free to speak to an attorney. There is no risk in giving us a call to see if we can help you.
What are victim services?
Victim services is a term used to refer to the various programs and services that are available to crime victims. These services can be provided by government agencies, non-profit organizations, or private companies. They can include everything from medical, and mental health counseling, to immediate financial assistance such as payment for expenses related to the crime, burial costs, and property loss.
The purpose of victim services is to help victims recover from the physical, emotional, and financial impacts of crime. While there is no one-size-fits-all approach to providing these services, there are some general principles that all providers should follow. These principles include respecting the rights of victims, providing confidential and accessible services, and working collaboratively with other agencies and organizations.
One of the most important things victim service providers can do is help victims exercise their rights. Victims have certain rights under the law, including the right to be treated with respect, the right to receive information about the criminal justice process, and the right to participate in the process. Victim service providers can help ensure that victims are aware of these rights and can exercise them.
If you are a victim of crime, there are many resources available to help you. To find out more about victim services in your area, contact your local police department or district attorney’s office.
Sadaka Law is a member of The National Center for Victims of Crime.
What is the difference between victim services and filing a civil lawsuit for your injuries?
In some cases, filing a civil lawsuit may be the only way to recover damages for your injuries. However, there are some key differences between victims services and civil lawsuits.
Victims services are typically provided by government agencies or non-profit organizations. They can offer support and assistance with things like filing for benefits, getting medical care, and finding housing. Civil lawsuits, on the other hand, are filed in court and are used to seek monetary compensation for damages caused by another person or entity.
What type of lawyer do you need for crime victim compensation?
You may need a lawyer who has experience in crime victim compensation if you have been the victim of a crime and have suffered physical or psychological injuries as a result. Such lawyers can help you navigate the process of filing a claim and seek the maximum amount of compensation to which you may be entitled.
Sadaka law has experience with crime victims compensation. We have handled deaths due to hit and runs, assault and battery, and sexual assault and molestation.
Sadaka Law was able to obtain compensation for a man who was abused as a child by a priest.
What is premises liability law?
Premises liability law holds landowners, store owners, and management companies responsible for injuries that occur on their property due to dangerous conditions.
There are three main categories of premises liability cases: slip and fall accidents, assaults and battery, and negligent security.
Slip and fall accidents can occur when a property owner fails to maintain safe conditions on their property. This could include failing to clean up a spill, not repairing a broken step, or leaving ice or snow on a walkway.
Assault and battery can occur when a property owner fails to protect a person from either an employee or a third party resulting in injury.
Negligent security cases arise when the property owner fails to take reasonable steps to protect their visitors from known risks. For example, if there have been several robberies in the neighborhood, a store owner would be expected to take measures such as installing security cameras or hiring security guards.
Why is notice so important in premises liability law?
In premises liability law, notice is important because it can help to establish whether or not a landowner/occupier knew or should have known about a dangerous condition on their property. If they did know or should have reasonably known about the hazard and failed to take action to remedy it or warn visitors, then they may be held liable for any injuries that occur as a result.
There are many different ways that notice can be established in these cases. For example, if there have been previous accidents at the same location, this may be used as evidence that the landowner was aware of the danger and should have taken steps to address it. Similarly, if there were witnesses who saw the hazard and alerted the owner but no action was taken, this may also be used to show that the owner knew or should have known about the danger.
Ultimately, whether or not notice is a factor in a premises liability case will depend on the specific circumstances of each case. However, it is generally considered to be an important element in these types of cases.
What are some examples of premises liability cases?
Here are some examples of other types of premises liability cases:
- Injury in a slip and fall accident on a job site
- Falling victim to an accident at a sporting arena
- Injury in a grocery store
- Being struck by a vehicle on school grounds
- Falling down the stairs at an apartment complex
We want to hear your story
We want to hear your story. At Sadaka Law it is always free to speak to an attorney. There is no risk in giving us a call to see if we can help you.