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Legal support for victims of negligent security or excessive force

Negligent Security and Excessive Force Claims

You may have the right to compensation if you’re the victim of excessive force or negligent security. Whether an aggressive security guard caused you to fall,  a lack of safety measures resulted in you being injured, or some other incident caused you harm, an experienced Ohio negligent security and excessive force lawyer at Kisling, Nestico & Redick can help. We will advise you, guide your next steps, and pursue the maximum amount possible for your negligent security and excessive force claim.

Call KNR at 1-800-HURT-NOW to set up a free consultation.

Negligent Security & Premises Liability Law

Property owners must ensure that their premises are safe for those they invite on the property, the community, and the public. Property owners must secure their property, make necessary repairs, take necessary measures, and protect their invited guests and patrons.

Types of Negligent Security & Excessive Force

Negligent security and excessive force can take many forms. Some of the most common types of excessive force and negligent security accidents include:

Inadequate or Broken Lighting

When a property does not have adequate lighting or the lighting is defective, there are increased opportunities for criminal activity. It is also possible individuals could suffer critical injuries due to slips and falls when inadequate maintenance, including failure to make necessary lighting repairs, is present.

Lack of Security Systems

Property owners should take necessary measures to secure their property. Those who do not could be accused of negligent security when their property does not have alarms, door locks, security cameras, or the system is defective or malfunctions.

Lack of Security Guards

Nightclubs, bars, concert venues, and other establishments may find it necessary to retain security guards who can help handle large crowds. Failure to retain necessary security can be considered negligence.

It is also negligence if these facilities do not properly train security guards or higher security staff that are unskilled or engage in criminal activity such as assault or using excessive force.

Assault, Battery, & Sexual Assault

When negligent security and excessive force are present, the likelihood of sexual assault, assault, and battery increases. Security guards who abuse their power, criminals who take advantage of negligent security, and security who fail to prevent violence and assault may all be held accountable when a victim suffers injuries and damages.

False Imprisonment or Arrest

It is more common than you might think for security guards to face accusations of false imprisonment or for police to be accused of making a false arrest. You may be able to pursue legal action against these individuals, the companies or organizations that employ them, and property owners where the incident occurred, depending on the specific details of your case.

Other Examples of Negligent Security and Excessive Force

There are many other ways in which you may be entitled to compensation through a negligent security or excessive force lawsuit or insurance claim.

Some other examples of negligent security or excessive force include:

  • Emergency exits being locked
  • Gates being unlocked
  • Broken fencing or stairs
  • Muggings
  • Failure to anticipate crime
  • Failure to vet tenants or employees

If you believe you are a victim of excessive force or negligent security, you can take action against the liable party by contacting our attorneys for help. Initial consults are free, and there are no upfront costs or fees.

Negligent Security & Excessive Force: Common Injuries

Victims can suffer a wide variety of injuries due to excessive force and negligent security. Some of these include:

The Importance of Documenting Negligent Security Injuries

You must take steps to document the severity of your injuries immediately after the incident in question. Even if your injuries initially seem minor, they could be far more severe than you realize.

Obtaining a medical evaluation can also help to gather the medical evidence you need to prove the severity of your injuries. By obtaining physician’s notes, diagnostic imaging test results, hospital and ambulance bills, and other relevant medical documentation, you can show that your injuries were directly caused by excessive force or negligent security.

Fatal Injuries & Wrongful Death Claims

If you are the surviving family member of someone who suffered fatal injuries due to excessive force or negligent security in Ohio, you may have the opportunity to pursue a wrongful death action.

According to Ohio Rev. Code § 2125.02, the personal representative of the decedent’s estate will have the opportunity to file a wrongful death lawsuit and recover damages typically awarded to the decedents surviving spouse, children, and other relevant family members.

Negligent Security & Excessive Force: Liability & Proving Fault

Generally, property owners are held accountable for negligent security and excessive force claims. This is because they failed to uphold their obligation to keep their guests and patrons safe. However, there may be other parties who could share liability depending on the specific circumstances of your case.

For example, the establishment in question could be held accountable, whether they own or rent the property, if they failed to take necessary security measures, allowed staff to engage in excessive force, failed to prevent staff from engaging in excessive force, or otherwise breached their duty of care.

Elements of Negligence

For any negligent security claim or excessive force lawsuit to be successful, your lawyer will need to show that the defendant meets the elements of negligence as required by law. These elements are

  • Duty of care – The property owner or other liable party must have owed the injury victim a duty of care. This means keeping the property safe for guests at all times.
  • Breach of duty – The defendant must have made a decision, failed to take action, or otherwise failed to uphold their duty of care through misconduct or recklessness.
  • Causation – The property owner or other at-fault parties’ breach in the duty of care must cause the victim’s injuries and damages.
  • Damages – The injury victim must have suffered considerable injuries or damages that significantly impacted their life.

Evidence in Negligent Security & Excessive Force Cases

Various types of evidence could prove culpability in a negligent security or excessive force case. Some examples include:

  • Company employment records
  • Company maintenance records
  • Landlord records
  • Security and alarm system receipts
  • Video of the incident
  • Photos of the victims’ injuries
  • Statements from witnesses
  • Police reports

Negligent Security Claims: Damages & Compensation

Victims of negligent security and excessive force have the right to total compensation for their damages. You have the right to be repaid for not only your economic damages but your non-economic damages as well.

Economic damages consist of your financial losses. Some examples of economic damages in negligent security claims could include:

  • Costs of hospital bills and other related medical expenses
  • Costs of installing additional security systems and obtaining safety equipment
  • Loss of income and reduced earning potential
  • Costs of property damages

Non-economic damages are not financial, but since they impact victims’ lives in such a profound way, they are considered valuable. Some examples of non-economic damages in excessive force claims include:

  • Emotional trauma and mental anguish
  • Loss of consortium
  • Chronic pain and physical suffering
  • Inconvenience and embarrassment
  • Skin scarring and disfiguring injuries
  • Reduced quality of life

Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover the maximum amount possible. Since insurance companies tend to settle security and excessive force liability claims quickly for less than their worth and diminish the harm done, aggressively negotiating for the max may be the difference in your ability to get proper care or make up for your time away from work.

Our Negligent Security & Excessive Force Lawyers Can Help

If you’ve been injured because of negligent security or excessive force, do not be surprised if the liable party and their insurer attempt to blame you for your injuries. While it seems like property owners, security guards, and insurance companies should accept responsibility for the harm they cause. They usually want to reduce or deny your compensation.

You need a legal advocate who is not afraid to fight for your rights. At KNR, we strive to make getting what you deserve easier, and you keep more of it because what you’re going through is hard enough. Getting legal help shouldn’t be.

At KNR, Our Lawyers Will:

  • Investigate, collect evidence, and find those at fault.
  • Interview witnesses, medical professionals, and experts to show how your life was impacted.
  • Communicate with the insurer, clarify liability, and pursue max compensation.
  • Determine your injury’s full and fair value – what you lost and deserve.
  • Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
  • Protect your rights and, if necessary, take your case to court.
  • Never charge you upfront. If there’s no recovery, there’s no cost.

Let us advise you and use every available resource to pursue the maximum compensation you deserve.

Contact KNR for Legal Help Today

Victims of excessive force or negligent security may be able to hold reckless property owners and other liable parties accountable. In Ohio, contact the dedicated lax security and excessive force lawyers at Kisling, Nestico & Redick for help. We will advise you, review all your options, and fight to secure the maximum amount possible so you can recover physically and financially.

Get your free, no-risk consultation. Call 1-800-HURT-NOW today.