The hospitality industry significantly contributes to Louisiana’s economy, providing employment and generating revenue from various sources, including hotel accommodations, restaurant visits, sightseeing, and entertainment.
This sector helps to preserve the unique and rich cultural heritage of Louisiana.
Louisiana’s natural attractions, such as its wetlands and wildlife sanctuaries, are protected and conserved because of this industry.
Visitors to Louisiana create new business opportunities, leading to local communities’ development and providing the Pelican State with global recognition and exposure.
The Hospitality industry includes hotels, resorts, restaurants, catering, nightclubs, bars, transportation, tourism, spas, wellness clinics, cruise liners, bus tours, and private, business, cultural, and sports events.
The above businesses in Louisiana have a degree of responsibility, in legal and fiduciary positions, to ensure they are acting in the best interest of their patrons, employees, and visitors through training and education of hotel employees, enforcement of standards, policies, and procedures, and the elimination of hazardous conditions to create and maintain a safe environment for all. Failure to address undesirable circumstances may trigger legal action against hotels.
If an establishment disregarded measures that could have prevented a crime that injured a victim, such a victim may be eligible to seek compensation.
If you or a loved one has been a victim of a crime as a result of negligent security, consult an experienced Louisiana negligent security attorney to know about your legal rights and whether you are entitled to hold accountable the owner or the management of the property where the attack or assault occurred.
What Is Negligent Security?
Negligent security is considered a part of premises liability law.
Negligent security refers to situations where security measures should have been in place. Still, for whatever reason, the owner or manager of a property did not provide sufficient security, and as a direct result, someone was the victim of crime.
The law obligates the property owner or management to take reasonable measures to protect all visitors from foreseeable harm.
Criminal Activities Reported In Negligent Security Claims
Criminal acts allegedly committed in negligent security cases in Louisiana include:
· Armed robbery.
· Theft.
· Burglary.
· Assault.
· Mugging.
· Battery.
· Rape.
· Murder.
Types of injuries suffered due to negligent security include gunshot injuries, stab wounds, spinal cord injuries, Traumatic Brain Injuries (TBIs), and paralysis. Rapes and assaults impact the lives and well-being of victims in many different ways.
It can affect a victim’s physical health, mental health, habits, job, finances, daily routines, social life, sex life, and trauma-related issues, such as anxiety, PTSD, flashbacks, and nightmares.
The crimes committed in negligent security claims are severe. Property owners or management may be liable for injuries sustained and costs from such damages if they fail to implement and maintain adequate security measures.
Causes Of Negligent Security
Some common causes of negligent security include:
· Failure to screen guests and search their bags, backpacks, purses, and briefcases.
· Broken locks, doors, gates, and windows.
· Lack of surveillance cameras and alarms.
· Poor lighting.
· Lack of security patrol services.
· Insufficient fire escapes and emergency exits.
· Untrained or understaffed security personnel.
Key Ingredients Of A Negligent Security Lawsuit
To succeed in a negligent security lawsuit, a victim will need to prove the following:
· The victim was on the property lawfully.
· A third party injured the victim.
· The property owner or management should have considered the potential risks to visitors and failed to provide and ensure adequate security and
· The victim’s injuries would not have occurred if the property owner had provided adequate security.
Under Louisiana law, the foreseeability of the crime risk on the defendant’s property and the gravity of the threat determine the existence and the extent of the defendant’s duty. If the foreseeability and seriousness of the harm are greater, the law imposes a more significant duty of care to the business. A high degree of foreseeability is required to give rise to an obligation to recruit security guards. Still, a lower degree of foreseeability may support a duty to implement lesser security measures, such as using surveillance cameras and installing improved lighting or fencing. The existence, frequency, and similarity of prior crime incidents on the premises are essential factors to consider. Courts in Louisiana also consider the property’s location, nature, and condition.
Bart Bernard Injury Lawyers: Our Fearless Lawyers Take On Titans In The Hospitality Industry To Secure Compensation For Our Clients
Verdicts and settlements in negligent security cases can vary depending on the severity of your injuries and the level of negligence by the property owner or management. The right attorney can help you prevail with a detailed investigation and intelligent legal strategy. At Bart Bernard Injury Lawyers, our team of negligent security lawyers in Louisiana will:
· Collect and protect evidence on behalf of clients. The lawyers at our Louisiana personal injury law firm know how to obtain and review medical records.
· Study footage from security cameras and closed-circuit video.
· Prove that the business owner should have been able to anticipate the criminal activity that caused the victim’s injury.
· Identify the inadequate security measures the property owner had during the attack.
· Determine the minimum level of security that would have been necessary to keep the injured victim safe.
· Search past criminal records or incident reports.
· Determine liable parties and the value of a victim’s claim.
· Ensure victims of sexual assault and rape get treated with respect by law enforcement agencies and representatives of insurance companies and defendants.
Louisiana personal injury lawyer Bart Bernard knows how to articulate and argue his client’s case confidently and persuasively to judges, lawyers, and jurors from all walks of life. He is adept at highlighting solid points in his client’s case while mitigating weaker issues, a skill that he also utilizes outside the courtroom in negotiating fair and just settlements.
If you or a loved one has been injured by the negligent security of a restaurant, hotel, venue, or other property owner, you should seek the guidance of a personal injury lawyer in Louisiana to determine your rights for legal recourse.
Contact us today to request your free consultation with a personal injury lawyer at Bart Bernard Injury Lawyers, with expertise in Louisiana premises liability laws.