Crime Victim Lawyer in Chicago, Illinois

Duty of Care

Property owners, landlords, businesses, and security companies have a duty to keep their premises safe for visitors. This means they must proactively prevent harm and maintain a secure environment.

A critical aspect of this duty is implementing security measures tailored to the specific risks and circumstances of the property or business. For example:

• Well-lit parking lots can deter criminal activities and improve visibility
• Functioning locks on doors and windows prevent unauthorized access
• Surveillance systems, including cameras and alarms, help monitor and deter suspicious behavior
• Having trained security personnel on-site can effectively respond to emergencies and security threats

Breach of Duty

When property owners, landlords, businesses, or security companies do not meet expected security standards despite knowing the risks, it's considered a breach of duty. This can happen in various ways, such as neglecting to maintain security equipment, ignoring past security issues, or not addressing known vulnerabilities.

For example:

• If a property owner is aware of frequent crime in the area but doesn't improve lighting or surveillance, they're not meeting their duty
• Similarly, a business that doesn't hire trained security staff or implement access control despite previous thefts is also in breach
• A breach can also occur if security systems are installed but not properly maintained or if security procedures are not consistently followed

Essentially, any action or inaction that ignores known risks and doesn't take reasonable steps to improve security can be a breach of duty, putting people at risk and leading to legal consequences.

Foreseeability

Foreseeability involves property owners, businesses, and other responsible parties being able to anticipate criminal activities based on past incidents or known risks associated with their premises. This means they should recognize that specific locations are more likely to experience crime due to factors like:

• The neighborhood's crime rate
• The nature of the business
• Past security issues

For instance, businesses in industries prone to theft or violence, such as late-night retail or entertainment venues, should anticipate these risks and take necessary precautions.

Foreseeability goes beyond acknowledging the possibility of crime; it requires taking proactive steps to reduce these risks, like implementing emergency response plans. Failing to address foreseeable risks despite being aware of them can lead to legal liability if a crime occurs and harms individuals on the premises.

Causation

Proving causation in negligent security cases involves establishing a direct link between inadequate security measures and the harm suffered by the victim. This connection is crucial in demonstrating that other responsible parties' negligent actions or oversights directly led to the victim's injuries or losses.

For example:

• A poorly lit parking lot that provides cover for criminals to commit assaults or thefts without being easily seen directly contributes to these criminal acts, resulting in harm to individuals using the parking lot
• If a property owner neglects to install proper locks on doors, leading to unauthorized access and theft, there is a clear link between the security breach and the property loss or damage suffered by the victim
• In cases where adequate security measures could have deterred criminal activity or enabled a prompt response to threats, the failure to implement these measures directly contributes to the harm suffered by the victim

Damages

Victims need to show evidence of actual harm caused by negligent security measures to determine the extent of their losses. Examples are categorized as follows:

• Physical Injuries: This includes any bodily harm sustained directly due to the criminal act facilitated by negligent security. For example, injuries from an assault in a poorly lit parking lot, such as cuts, bruises, fractures, or more severe injuries like traumatic brain injuries (TBIs), are significant components of the damages suffered.
• Emotional Distress: Negligent security incidents often have lasting psychological effects on victims, leading to anxiety, depression, PTSD, fear, and emotional trauma. Feeling unsafe or being a crime victim due to inadequate security can significantly affect the victim's well-being and quality of life.
• Financial Losses: Victims may face medical expenses, therapy costs, lost wages, and property repair or replacement expenses directly related to the incident. Calculating these financial losses is crucial in quantifying the economic impact suffered by the victim.
• Property Damage: In negligent security cases, property damage may occur alongside or as a result of the criminal act, leading to costs for repairing or replacing damaged property.
• Pain and Suffering: This includes compensation for physical pain, emotional anguish, mental distress, and the overall impact on their quality of life.
• Loss of Enjoyment of Life: Negligent security incidents can result in a significant loss of enjoyment of life for the victim, impacting daily activities, social interactions, and personal pursuits. Compensation for loss of enjoyment of life acknowledges the profound impact of the incident on the victim's overall well-being and lifestyle.