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When a person becomes a victim of violence because of inadequate security on an unsafe property, there may be a valid claim against the property owner or manager. Victims may take action by filing a premises liability lawsuit in order to recover compensation for medical care and other injury-related expenses. If the victim died as a result of his or her injuries, the family of the deceased can bring a wrongful death lawsuit on behalf of their deceased family member.
The Delaware wrongful death lawyers at Rhoades & Morrow represent the spouses, children, and parents of those who have died by the wrongful act of another, particularly in cases where inadequate security and unsafe properties are involved. For over 30 years, the premises liability lawyers at the firm have helped countless clients claim the justice and compensation they deserve.
Business and property owners have a responsibility to provide a safe environment that is free of unnecessary risks and hazards. When someone is seriously hurt or dies as a result of negligence or carelessness, a civil lawsuit may be filed against the person or persons responsible for the maintenance and security of the property. Apartment and condominium complexes, property owners, security companies, and business owners can be held liable for this type of preventable assault or death.
Failure to provide adequate security on a property can take many forms. Insufficient or inoperable security systems or surveillance cameras put the public at risk for injuries related to crime. If an area is in a high crime district, or in an area where criminal activity has increased, property owners are responsible for providing protection. Attacks can be prevented in this type of environment by increasing security guards on the property, installing and maintaining security alarm systems, and having a sufficient number of employees on the premises at all times.
Lighting is another essential element of security at public buildings and businesses. Statistics show that criminal activity declines in well-lit and secured areas. Security cameras are more effective when adequate lighting is available. Lighting can also improve the safety of drivers and pedestrians in parking lots, on stairwells, and where there is heavy traffic. Failure to provide sufficient lighting can lead to fatal injuries to those who become victims of crime, fall down stairways, or become involved in car accidents in parking lots.
Property owners and businesses are responsible for the maintenance of their establishments to prevent serious injuries that can occur from foreseeable hazards. Torn carpets, uneven floor surfaces, potholes in parking lots, unpainted wheel stops in parking areas, and icy walkways or parking lots can lead to life-changing injuries when people slip, trip, or fall. Apartment and condominium complexes that fail to perform routine inspections and maintenance on elevators, boilers, or fire alarm systems can be held liable for deaths that occur from accidents or catastrophic events.
Incidents of violence or sexual assault can impact victims long after any physical injuries have healed. Victims of assault may be entitled to claim compensation for their injury-related expenses. Potential damages may include medical expenses, compensation for lost wages, and coverage for costs related to therapy needed for emotional injuries.
Those who have lost a loved one due to inadequate security or an unsafe property may recover compensation through a wrongful death lawsuit. An experienced and competent wrongful death lawyer can review the circumstances surrounding the death to determine if there is a valid claim against the party responsible for securing the premises. The amount of compensation will be based on the losses the family has suffered as a result of the death.
An assessment of loss will be conducted, which will include factors such as the financial contributions the deceased contributed to the family’s income as well as the projected income he or she would have provided had they not died as a result of their injuries. Compensation may also be awarded for emotional losses, such as love and companionship, shared child care expenses, and losses to the community to which the deceased contributed. Compensation can also be claimed for funeral and burial expenses.
Delaware law has a strict statute of limitations for filing a civil lawsuit. The lawsuit must be filed within two years of the date of the incident. Victims can pursue legal action even when a criminal investigation or case is pending. While a criminal case is filed by a prosecutor seeking to determine guilt and impose legal consequences for the perpetrator’s wrongful act, including incarceration, probation, and fines, a personal injury lawsuit is aimed at the party responsible for the victim’s injuries. In addition to the perpetrator, liable parties might also include those who had a duty to provide adequate security on the premises, but failed in that duty.
If you have been a victim of violence, or suffered the wrongful death of a loved one, you may be entitled to compensation. Call the Delaware premises liability lawyers at Rhoades & Morrow at 302-427-9500, or contact us online to schedule a free consultation today. From our offices in Wilmington, Bear, and Milford, we serve clients throughout upstate and downstate Delaware.
Statement Regarding Coronavirus Disease ("Covid-19"):
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The situation regarding the COVID-19 virus changes daily. During this uncertain time, we can assure you that the team at Rhoades & Morrow continues to focus on helping our current clients as well as assisting new clients.
We know that legal questions still arise, and we are here to answer your questions and provide the trusted guidance that you have come to expect from us over the years. To ensure the health and safety of our staff and our clients, we are conducting virtual consultations via Zoom and by telephone. We also have the ability to exchange documents via secure e-mail.
We look forward to hearing from you. Stay safe and healthy.