Can You Recover Compensation If You Were the Victim of a Crime in Ohio?
Posted in: Premises Liability
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.
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.
Negligent security and excessive force can take many forms. Some of the most common types of excessive force and negligent security accidents include:
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.
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.
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.
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.
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.
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:
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.
Victims can suffer a wide variety of injuries due to excessive force and negligent security. Some of these include:
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.
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.
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.
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
Various types of evidence could prove culpability in a negligent security or excessive force case. Some examples include:
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:
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:
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.
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.
Let us advise you and use every available resource to pursue the maximum compensation you deserve.
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.