When negligent security at your apartment complex leads to an injury, our team of Kentucky negligent security lawyers at Kaufman & Stigger, PLLC can help. We’ll explain your options and guide you through the recovery process. Contact us today for a free consultation to get started.
What Steps Should You Take After a Negligent Security Incident at Your Kentucky Apartment Complex?
Injuries at apartment complexes happen frequently, considering the daily interactions with many people. In densely populated areas of Kentucky, where numerous people live together, having proper security is crucial for you and your family. Regrettably, not every landlord or property manager prioritizes this, leading to situations where you or a loved one may get hurt.
When this happens, specific steps to safeguard your rights and establish a potential claim need to be taken:
- Get medical help quickly – If you’re injured, seek medical attention right away, even if your injuries seem small. Keep records of all medical visits, treatments, bills, and receipts for your files.
- Report the incident – Let local authorities know if needed, and inform the property management or your landlord right away. Ask for or create a report that explains the incident, where it occurred, and the factors contributing to the security problem.
- Capture the scene with photos and videos – Use your phone or camera to take pictures of where the incident happened, focusing on security issues or dangerous conditions. Note the date and time, and get contact details from any witnesses.
- Keep relevant evidence – Hold onto anything related to the incident, like damaged items or your clothes. This could be crucial evidence to support your case about the security problem and show your losses.
- Follow up in writing – After reporting the incident, send a follow-up message to the property management or owner. Clearly describe the incident, its impact on you, and express concerns about the security issue. Keep copies of all your messages.
Do You Need a Lawyer?
Taking these steps is important to protect your rights and build a strong case if there’s a negligent security accident at your apartment. To make sure your legal rights are fully taken care of, think about working with our team of lawyers. Even though it’s not required in Kentucky, having our experienced team on your side can help you tremendously in these cases by:
- Legal assistance – Our team of lawyers understand negligent security incidents and how the law applies to them. We can provide guidance to help you understand your rights and explore the legal options available to you.
- Investigating the incident – Leveraging our resources, our team will conduct a thorough investigation into the negligent security incident at your apartment. This involves gathering evidence, interviewing witnesses, and reconstructing the scene to figure out responsibility.
- Gathering evidence – One thing we always do is to help you collect crucial evidence, like police reports, medical records, and any available surveillance footage. This evidence plays a vital role in constructing a strong case on your behalf.
- Communication – Our team takes charge of communicating with insurance companies, involved parties, and their legal representatives on your behalf. This proactive communication helps safeguard your rights and ensures that you don’t inadvertently make statements that could compromise your case.
- Negotiation – In dealing with insurance claims or potential settlements, our seasoned lawyers can engage in negotiations with insurance companies to secure a fair result for the damage you suffered because of the incident.
- Representing you in court – If negotiation fails to achieve a fair settlement, we are prepared to represent you in court. We’ll handle the preparation of legal documents, present your case, and advocate for your best interests during the trial.
Every case progresses differently, even ones involving negligent security. With that said, it’s important that you do everything you can to build a strong case, as the damages that can result in these incidents–particularly ones that happen at your apartment–can be costly.
What is the Case Process in a Kentucky Negligent Security Claims Against Your Apartment Complex?
No matter what the circumstances of your incident is, you have the legal right to file a claim for damages once you’re hurt. Normally, the first step is to determine who is responsible. Known as “liability,” this comes from your landlord or management company’s:
- Duty to you and other tenants to keep the area safe
In the case of inadequate security at an apartment complex leading to an injury, several crucial elements come into play:
- Foreseeability – The question of liability often revolves around whether the accident was foreseeable. A history of criminal incidents in the area or known property issues may make the accident foreseeable, thereby increasing the landlord’s responsibility.
- Negligence – Establishing liability requires demonstrating that the landlord was negligent in providing security. Negligence may involve the failure to implement reasonable security measures, such as adequate lighting, surveillance, or access control.
- Causation – The inadequate security measures must directly contribute as a proximate cause to the injury or harm suffered by you or another individual.
While the landlord or property management company is typically liable in the majority of incidents caused by negligent security at your apartment complex, there are additional parties that could share some of the responsibility:
- Security companies and workers
- Maintenance workers
- Security or alarm system providers
- Power companies
From a legal perspective, there are specific measures to address your injuries and losses, involving the identification and pursuit of legal action against responsible parties, whether it’s the landlord or others at fault. The process includes:
- Filing an insurance claim – This step entails formally notifying the relevant insurance company about the incident.
- Filing a personal injury lawsuit – If necessary, we’ll prepare a Complaint and file a personal injury lawsuit against the responsible party in civil court.
At Kaufman & Stigger, our seasoned team has extensive experience in handling these types of cases. We can assist you in both of these avenues. After filing your claim, we take the lead in communications and negotiations with the insurance company. They conduct their own investigation and may propose a settlement upon its completion. While the decision to accept the settlement is yours, pursuing a lawsuit might be necessary to obtain the full extent of your damages. While each situation is unique, the general damages available in these cases include:
- Physical pain and suffering
- Lost income or lost earning capacity
- Mental anguish and emotional distress, including PTSD
- All accident-related medical expenses
- Caregiving and transportation costs
- Financial support for the loss of your enjoyment in life or loss of companionship
- Coverage for physical therapy or mental health treatment
- Reimbursement for damage to your personal property
It’s crucial to recognize that every case is distinct, and the outcome relies on the circumstances of your incident and the strength of your claim. Patience is essential, given the time-consuming and challenging nature of the process. Additionally, you’ll need to make sure to meet Kentucky’s “statute of limitations” for injury claims, currently set at one year from the accident date. Missing this deadline means you won’t be able to file a claim and recover these crucial damages.
Evidence in a Negligent Security Claim Against a Kentucky Apartment Complex
It’s hard to overstate just how important evidence is to your claim in a negligent security incident. Simply put, it’s probably the most important part of your case. It shows how the incident hurt you and–more importantly–what your landlord or property owner didn’t do to protect you. In order to strengthen your claim, consider getting the following evidence:
- Incident reports – If available, obtain a copy of any incident report filed with the property management or authorities. This document should detail the circumstances of the incident.
- Photographs or videos – Pictures and/or videos of the scene, showcasing any security concerns or hazardous conditions, is very important in these claims. This can include surveillance camera footage, as well.
- Medical records – You’ll want to provide comprehensive medical records detailing the injuries sustained due to the incident. This includes records of examinations, treatments, prescriptions, and any ongoing medical care.
- Witness statements – Obtain statements from witnesses who can attest to the conditions leading to the incident and the lack of adequate security.
- Security measures – Collect evidence showing the existing security measures in place at your apartment complex. This may include records of surveillance camera locations, lighting conditions, access control systems, or security personnel deployment.
- Incident history – Research and gather information about any history of similar incidents in the area or at your apartment complex. This can help establish foreseeability, demonstrating that the management was aware of potential security risks.
- Communication records – Preserve any communication with the property management regarding security concerns. This includes emails, letters, or any documented requests for improved security measures.
- Property maintenance records – If negligence in maintaining security equipment is suspected, gather maintenance records for surveillance cameras, lighting systems, or access control systems.
- Criminal activity records – If relevant, provide records of criminal activity in the vicinity or within your apartment complex. This will show patterns that suggest a need for improved security.
Experienced Kentucky Negligent Security Lawyers
Even if you live in an apartment complex in Kentucky, you have a certain expectation of safety. When your landlord or the property manager doesn’t do what they’re supposed to do with regard to your security, you have legal options.
At Kaufman & Stigger, our experienced Kentucky negligent security lawyers can help you through this frustrating situation, standing up for your rights and making sure you get the treatment you deserve. Contact us today for a free consultation if a negligent security incident has harmed you.