If you are walking back to your car after shopping at the mall and are mugged in the parking lot, you may be surprised to realize that you can sue the owner of the mall. You may also be able to sue your attacker.
Property owners can be held liable under a theory known as premises liability law or for providing negligent security. This theory can be used if you are the victim of a criminal attack, such as an assault, robbery, rape or shooting, on someone else’s property. It can be used in many situations, such as if you are robbed while pumping gas at a gas station or sexually assaulted in a hotel room.
The property owners can be held liable because they have a duty to maintain their property in a safe condition. The property owner has a duty to take precautions to keep guests and invitees safe if dangerous activity has been occurring on the property or nearby. The property owner may have to hire more security, install video cameras, install better lighting or take whatever safety precautions are necessary. If they fail to do so, they can be held liable.
If you are a victim of crime on someone else’s property, the perpetrator will likely face criminal charges. In addition, you may be able to sue the perpetrator in a civil lawsuit. You will need to prove that you were the victim of the crime and that the perpetrator is the person who harmed you. The evidence presented in the criminal case can help you prove your civil lawsuit. The perpetrator can be liable for any damages you suffered, such as medical expenses, time off work and any property damage you suffered as a result of the perpetrator’s actions.
Posted in Personal Injury | Tagged negligent security, parking lot, premises liability, property owner