Can I Bring a Lawsuit Against a Property Owner After Being the Victim of an Attack?

 Posted on April 21, 2020 in Premises Liability

Being the victim of a violent attack is one of the scariest experiences a person can endure. If you have been the victim of an assault, sexual assault, robbery, or other act of violence, you know just life changing the experience can be. Victims of violence are often left with serious injuries including lacerations, broken bones, internal organ damage, and more. Often, the psychological harm caused by an attack is just as damaging as the physical harm. The victim may be afraid to be alone or even avoid leaving his or her house for long periods of time. When an attack is caused by inadequate security, it is possible that the owner of the property on which the attack occurred may be liable.

When is a Property Owner Liable for Acts of Violence?  

Property owners have a legal obligation to keep their premises reasonably safe for guests to that property. In many cases, an inadequate security lawsuit hinges upon the question of foreseeability. A property owner cannot be expected to prevent every possible injury to guests. However, if the property owner knew that other people had previously been harmed on his or her property due to insufficient security measures and did nothing to improve security, he or she is more likely to be considered partially responsible for an attack. If the assailant is caught, he or she will have legal liability as well. The injured person may be entitled to compensation for medical bills, ongoing medical care, lost income, and more.

Bringing a Successful Premises Liability Claim for Inadequate Security

Depending on the circumstances of an attack, the wrongdoer may be caught and charged with a criminal offense such as assault or battery. Criminal charges are often helpful in proving the validity of a personal injury claim against a property owner, but they are not necessary. In order to bring a successful injury claim you will need to prove to the court that:

• At the time of the injury, you were on the property legally.
• There was an unreasonably hazardous condition on the property that allowed the attack to occur. This may be poor lighting, lack of security cameras or security guards, broken locks, or other problems that increase a person’s chances of being attacked.
• The attack was the direct cause of your injuries.
• You suffered damages, meaning monetary losses, as a result of the attack.

Contact a Waukegan Premises Liability Lawyer

Property owners who do not take the necessary steps to maintain a reasonably safe premises may be liable for guests’ injuries. To learn more about filing an injury claim, contact Salvi & Maher, L.L.C. Schedule a free consultation with a skilled Lake County personal injury attorney from our firm by calling 847-662-3303 today.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf