Property owners have a moral and legal responsibility to maintain a safe environment for anyone visiting their business or home. No exceptions. Public places including parks, parking lots, schools; private businesses such as stores, gas stations; as well as a person’s home must meet basic safety standards. This includes:
- Preventing Spills
- Picking Up/Fixing any Tripping Hazards
- Cleaning up Ice/Water
- Making sure there is adequate security
- Putting up “no tresspassing signs”
- Having security cameras where appropriate
- Hiring security guards where and when appropriate
They must also take reasonable measures to make sure that their premises are secure, especially those that are located in a dangerous or high crime area. If a premises owner irresponsibly fails to put adequate security measures in place to protect visitors, people can be victimized, attacked or even killed. The criminal may be responsible, but the owner of the property shares in the responsibility to keep those things from happening in the first place.
Who Is At Fault?
The extent of the responsibility which the premises owner is under can vary. For example, a business owner may bear a greater responsibility to people who come to use the business than the tenant of a house would owe to his guests.
In addition, responsibility can also be shared by:
- maintenance companies
- security companies
- property management companies or homeowners associates
- cities or other government entities
You need the right premises liability attorney to find all the entities involved and ensure they are fixing the problem and making things right.
We are Dedicated Negligent Security Lawyers for Albuquerque Victims
When you are attacked or injured by a criminal there’s always a question of whether the property owner could have done something to protect you. When they have failed to meet the standard of protecting visitors like you, this is called “Negligent Security.” This means that there was harm done that was totally or even partially preventable, and they failed to prevent it.
The lawyers at Roadrunner Law Firm can give you the experienced and compassionate help you need. We know how the system works and how to ensure that even if the criminal can’t pay for your injuries, the insurance company which is supposed to protect you will pay their fair share in your premises liability or negligent security case.
What is “Negligent Security” in New Mexico?
In New Mexico, “negligent security” means a property owner failed to keep things “secure” enough based on a reasonable expectation of the circumstances. In New Mexico, the premises liability laws say that property owners have a duty to protect visitors from crimes such as assault, rape, and battery. When they fail to protect their visitors that is negligence, hence “negligent security.”
Security might mean having a security guard in some cases, but it may be as simple as putting up cameras or “no tresspassing” signs to discourage would-be criminals. It might be as simple as training employees how to watch for problems and to call authorities. But when a property owner fails to even meet those “bare-bones” of security it’s hard to argue that they are fulfilling their duty to protect visitors to their property.
Negligent security can occur at places like hotels, gas stations, convenience stores, casinos, AirBnB’s, bars, grocery stores, parks, and more.
Examples of Damages Resulting From Negligent Security
Negligent security can put visitors, residents, guests, and customers at danger. Common examples are things like hotels, casinos, gas stations, or other heavily trafficed areas. When a criminal sees that there’s opportunity for crime and no real security to stop them, these areas become prime targets.
The damages from Negligent Security are usually related to physical violence and crimes. They can be things like hospital and emergency room bills, the physical pain from an assault, emotional trauma, and loss of property.
If you were attacked or otherwise injured at a business in Albuquerque, it’s time to hold the property owner accountable.
Property Owners May Be Liable For Damages.
If there’s a problem on a property, from a hole in the ground to a pattern of crime, the owner is responsible for fixing it. When they don’t fix the problem, they have breached their duty of care.
It’s normal to think that if you were the victim of a crime that you can only sue the criminal – and that if the criminal “got away” there’s no hope for you. However that’s not always true. If the crime could have been prevented by the owner of the property, or if the crime was more likely because they failed to have good enough security, then the owner is also liable for some or all of your damages. Never assume you have no options. Always check with an experienced negligent security lawyer who can explore all the hidden avenues of liability and tell you your total options.
Remember that it’s also psychological harm that can result from negligent security. Don’t feel that you have to hide how these events affect you and your loved ones.
New Mexico Regulations on Convenience Stores
New Mexico has special standards for convenience stores when it comes to safety and security. There are some things that every convenience store must do to be considered secure. If they fail to do even one of these things it may mean they are actually partially to blame for your injuries. These standards include things like exterior lighting, employee training, minimum number of employees on property, bullet-proof enclosures, security personnel, and surveillance system minimum requirements.
If you were injured at a convenience store, did the store have its employee training up-to-date? Were the cameras functioning and sufficient? Was the lighting good enough for the whole property? You may not have any way to find all this out, but your negligent security lawyer will absolutely know what needs to happen to find this information out and how it affects your case.
Who Is Really Liable in a Negligent Security Situation?
Figuring out who is really to blame – and how much they are to blame – is a question the courts will decide. They might ask quesitons like “what are other property owners in the area doing?” and “did the property owner meet the minimum standard of care for their industry?” and “if the owner had done better, would there have been no crime?”
The more other businesses, individuals, or governments might have done to keep you safe, the more likely they are also somewhat to blame for your injuries. Our job as your lawyer is to find all that out and prove it to the judge and jury.
Proving Negligence by an Owner
Without an experienced Negligent Security Lawyer you will have a hard time proving anything. You’ll need to show that the owner could have and should have forseen the risks before the crime happened. You’ll need to prove they failed to prevent the crime. You’ll need to show that you were there legally and that nothing you did contributed to your injuries – or that you acted reasonably. And you may have to do this without the criminal ever being caught or telling their side of the story.
Did the owner research the crime rate in the area? Did they hire security personell? Did they train employees? Did they install a working and frequently maintained security system? Were there fences, barriers, signs, locks, etc? Did they give background checks to tenants or employees? What about the lighting and the parking conditions? Negligent security can take many forms and you have to be able to identify as many of them as possible.
Your lawyer can do this for you. They will know how to use the system of premises liability laws to prove your case and get you fair compensation.
Roadrunner Law is Here For You
If you have been been injured, or if a loved one was killed due to the failure of a property owner to keep their premises free of hazards and safe for the public, you may have a claim for damages.
These claims can be difficult for everyone involved and you will need expert advice and full-time support. With our decades of experience, we will be sure give you both the right advice and the hard work and perseverance to get you the compensation you justly deserve.
Even better, we will never charge you a fee unless we win your case.
Call Us Today
If you believe you have a case for damages due to premises liability and negligent security, then give our staff a call at 505-444-4321 to book a FREE consultation.
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