A specific area of the law assists those who have suffered harm as a result of insufficient safety at a public or private place where a crime takes place. Anyone invited, a guest or a visitor to a mall, hotel, store, bar or restaurant, school dorm, etc., and who, while there, becomes the target of a violent crime gets the right to seek damages for their physical harm under premises liability legislation. For more information about crime victim claims, contact the Quinn Law Group, LLC.
What options do you have if you are hurt in a crime?
A crime victim may seek monetary damages (pain and discomfort, lost wages, medical costs, long-term healthcare needs, etc.) from the owner, operator, or any other person or entity in control of the business establishment under this section of premises liability law, which is known as “negligent security.”
If the defendant has actual or constructive control over any of the following, they may be obligated to protect an unknown claimant from the actions of a third party:
- the injury’s instrumentality
- the assumption under which the tort is perpetrated
- the torturer’s perpetrator.
What does negligent security mean?
Essentially, a crime victim may sue a defendant for negligent security law if they can show three things:
- there was an unsafe situation on the property
- the defendant knew, or fairly should have known, about it; and
- the defendant failed to take reasonable action to make the place secure or at least reduce the danger, which caused the plaintiff’s injuries.
Crime victims can file negligent security claims in a variety of situations.
Since the plaintiff in a negligent security action has been a victim of crime, negligent security suits always complement criminal cases. Victims of violent crimes such as assault, rape, battery, armed burglary, theft, murder, manslaughter, murder attempt, and other crimes are eligible to pursue civil lawsuits under the negligent security law.
These crime victims have the right to file a lawsuit for damages that may include costs related to their bodily injuries (medical bills, future long-term care, etc.), as well as financial losses (lost earnings, decreased earning capacity, etc.) and other types of arm (such as pain and suffering).
If Your Rights Are Violated, What Can You Do?
Now that you are aware of the rights you are granted, it is essential to identify any that may have been violated. Remember that your rights may be violated for other reasons besides being a victim of a crime. For example, sexual harassment or a violation of civil rights can occur while the criminal justice system is in action.
There are options available to help you and your family if you feel that victims’ rights or civil rights have been abused in the process of the criminal inquiry and prosecution. For assistance, victims of federal crimes can get in touch with their Attorney General through the Crime Victims’ Rights.
How Your Rights May Be Violated if You Are a Crime Victim
As a victim of crime, you currently have plenty on your hands. Victims’ rights exists to protect you when you are going through an unsafe and vulnerable moment in your life. The whole situation for the crime victim can deteriorate if victims’ rights are breached within the criminal justice system.
For victims of crime, law enforcement tends to be their first point of contact. Your rights might have been breached if you were the victim of domestic abuse and the authorities chose to send the accused back home. Sadly, victims of crime do occasionally receive the proper defense they have earned from the criminal justice system.
Contact an attorney
Speaking with an experienced attorney is the best course of action for situations when victims’ rights or civil rights have been abused. A lawyer may evaluate your case and make sure the legality of your complaint. In addition, they will help you in submitting any necessary complaints and stand in for you when you protect your rights.
