For people throughout Kentucky, the possibility of being injured in an accident is ever-present. One of the most frustrating aspects of any injury claim is that it could’ve been avoided had the responsible party simply done what they were supposed to do–and one of the most common causes in these situations is negligent security.
At Kaufman & Stigger, PLLC, our experienced Kentucky personal injury lawyers understand how important your security is and will work to hold anyone who is negligent with it accountable. Contact us today for a free consultation if you or a family member has suffered an injury in a negligent security incident.
Where Can a Negligent Security Incident Happen in Kentucky?
In legal terms, negligent security is a “premises liability” issue. This means that both public and private property owners in Kentucky have the legal responsibility to make sure everyone that uses their property is kept safe.
This extends to proper security measures. As a legal concept, negligent security holds property owners or managers responsible for injuries or damages if they didn’t implement reasonable security, particularly when the risks were either:
- Known and not addressed
- Foreseeable and there was not proper warning
Under this definition, negligent security incidents can happen at a variety of places throughout Kentucky, including:
- Apartment complexes or private residences
- Stores or shops
Whenever there is a situation with injuries, someone or something is going to be liable. In Kentucky, property owners that allow negligent security incidents are typically liable for any injuries or damages that you suffer. That said, it’s important to understand the concept of negligence as it relates to your security:
- Duty of care – A property owner or manager has a duty of care to take reasonable steps to protect your safety and security.
- Breach of duty – When a negligent security incident happens, the owner or manager has breached their duty.
- Causation – The breach of duty was the cause of the incident in question.
- Damages – As a direct result of the breach, you were injured or suffered other damage.
With these four elements, you will have established negligence and liability. From there, though, it’s important to understand how these incidents happen and what you need to do to protect yourself and your claim.
Protecting Yourself and Your Injury Claim After Being Attacked
Whenever there’s a negligent security incident in Kentucky, there’s a few things that you’ll need to do in the aftermath to protect your safety and any potential legal claim. Most of these actions are similar to what you would do in other accidents, and can include doing things like:
- Getting medical help – Getting prompt medical attention, even for seemingly minor injuries, is very important. You’ll also want to maintain detailed medical records and bills to support your case.
- Reporting the accident – Make sure to inform the owner or manager about the incident. Request documentation and a copy for your records to strengthen evidence.
- Documenting the incident with photos and videos – You should take pictures or videos of the accident site, unsafe conditions, and injuries. Visual evidence strengthens your case.
- Avoiding admitting fault – You should always be cautious when communicating with insurance companies or property owner representatives. You may think about talking with our lawyers before these conversations to handle them correctly.
Kentucky’s comparative negligence law may come into play. While property owners are typically responsible for negligent security incidents, victims may share some fault. This is particularly true if you were in an unauthorized area, potentially reducing damages based on your level of liability.
How Do Negligent Security Incidents Happen in Kentucky?
When you consider all the different places you can go in Kentucky, it quickly becomes apparent how a negligent security incident can happen. Most of the time, it involves you being the victim of an assault or some other type of criminal act, but the end result is that you’re harmed and injured. More to the point, negligent security involves various lapses on the part of property owners or managers, such as:
- Insufficient lighting – Poor lighting in parking lots, stairwells, or entrances can create an environment conducive to criminal activities and other incidents.
- Faulty or lack of surveillance systems – Neglecting to maintain or monitor security cameras can result in a lack of evidence or awareness in case of a security breach.
- Failure to restrict access – Allowing unrestricted access to sensitive areas or mismanaging key and access card distribution can lead to unauthorized individuals gaining entry.
- Poorly maintained fencing – Broken or poorly maintained perimeter fencing provides an easy entry point for trespassers and compromises the overall security of a property.
- Inadequate cybersecurity – Neglecting proper cybersecurity measures, like encryption and regular software updates, can result in data breaches and unauthorized access to sensitive information.
- Improper training – Employees not adequately trained in security protocols may inadvertently compromise the safety of a facility, such as by leaving doors unlocked or sharing sensitive information.
- Negligent hiring – Failing to conduct thorough background checks on employees or contractors can result in hiring individuals with a history of criminal activity.
- Improper maintenance – Neglecting routine maintenance of security systems, such as alarms or door locks, can lead to malfunctions and create vulnerabilities.
Despite legal protection, finding yourself in a situation where you’re harmed due to negligent security is still possible. Hence, it’s crucial to know how to effectively respond to these incidents. Often, the best way to do this is through the legal process.
Claims Process in Kentucky
Like other injury claims, the legal process following a negligent security incident in Kentucky is going to hinge on specific circumstances surrounding the event. As long as you were legally allowed on the property and not trespassing, you have the right to pursue an injury claim since the property owner owed you a duty of care.
Typically, the claims process involves either an insurance claim or a personal injury lawsuit, following a basic outline:
- Free consultation – Usually, the process starts with a free consultation with our team. During this session, we delve into the details of your case, covering the accident, injuries, and available evidence. We assess the merits of your case, explain your legal rights, and present your options.
- Filing the claim – Should you choose to proceed, we’ll help you with filing an insurance claim against the responsible party. If a satisfactory settlement offer is reached, the claim is done. If not, we can move into the formal legal process by filing a Complaint in civil court.
- Discovery phase – Both sides gather evidence through document requests, depositions, and interrogatories in this part of the claim. Our team will make every effort to bolster your claim while challenging the evidence presented by the other side.
- Negotiation – Many cases are settled through negotiations before reaching trial. Our team engages in discussions with the other side’s legal representatives or insurance company to get a fair settlement.
- Mediation – If negotiation proves unsuccessful, many judges require a mandatory mediation session where an objective third-party hears both sides of the case and tries to negotiate a settlement to the claim before going to trial.
- Trial – If necessary, the case proceeds to trial, where we present arguments and evidence. The judge or jury renders a decision regarding liability and damages.
Damages in negligent security cases aim to provide financial support for the harm suffered, contingent on factors like:
- The accident’s circumstances
- The extent of injuries
- Emotional impact
- Responsible parties
- Your level of fault
Potential recoverable damages include:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Scarring or disfigurement
- Punitive damages, in certain cases
As always, you’ll need to keep in mind that each case’s outcome hinges on unique incident details and the progression of your claim through the legal system. Additionally, filing your claim within Kentucky’s statute of limitations for injury claims, currently set at one year from the date of the accident, is very important. Missing this deadline means you won’t be able to file a claim, even if you have a strong case.
Frequently Asked Questions
Yes. Under Kentucky’s statute of limitations for injury claims, you have one year from the date of the accident to file a lawsuit or claim.
If you were injured in an accident because of things like inadequate lighting, poor maintenance of security cameras, or something similar, you may have a negligent security claim. Talk to our team for free to find out for sure.
This depends on the circumstances of your case, the extent of your damages, and who exactly is liable. Our team of Kentucky negligent security lawyers can help you build a strong case.
Kaufman & Stigger Will Protect Your Rights After a Kentucky Negligent Security Incident
In the aftermath of a negligent security incident in Kentucky, having the right legal support can be a game-changer. At Kaufman & Stigger, PLLC, we understand the importance of safeguarding both your well-being and legal rights. Our team of lawyers brings a wealth of experience, expertise, and unwavering dedication to make sure you’re taken care of.
We always strive for the best possible outcome in your case, making sure you receive the compensation you rightfully deserve while you focus on your recovery. Contact us today for a free consultation to begin the process.