Negligent Security Injuries Attorney in Indiana
We Believe That Almost Every Injury Is Preventable
Most "accidents" are a failure by somebody to follow the safest choice available. You should not have to bear the brunt of the negligence of someone else. Sometimes that includes when a person is hurt or injured by other customers or patrons of a business such as being a victim of a criminal act by a third person at that business.
The lack of adequate security at stores and bars or taverns occurs on a routine basis. This lack of adequate security can lead to you being injured -- something you didn't anticipate or bargain for when entering the property of another person or business.
Whether an injured person can sue the business when that person is injured by a criminal action by another customer or worker, the law looks first at whether the act was "foreseeable." This is part of the determination of whether a "duty" existed to that injured person.
Whether a duty exists is a matter of law for courts to decide. See Goodwin v. Yeakle’s Sports Bar & Grill, Inc. (2016) Ind., 62 N.E.3d 384, 389. When foreseeability is part of the duty analysis, as in landowner-invitee cases, it is evaluated in a different manner than foreseeability in the context of proximate cause.
Speciﬁcally, in the duty arena, foreseeability is a general threshold determination that involves an evaluation of:
- the broad type of plaintiff
- the broad type of harm
In other words, this foreseeability analysis should focus on the general class of persons of which the plaintiff was a member and whether the harm suffered was of a kind normally to be expected—whether there is some probability or likelihood of harm that is serious enough to induce a reasonable person to take precautions to avoid.
Accordingly, there may arise “two particular situations” in a case, that is, whether there is any broad duty to protect an invitee from harm in general - and then whether there is any duty after further facts may show some speciﬁc probability or likelihood of harm. See Rogers v. Martin (2016), Ind., 63 N.E.2d 3 16, 323. What a landowner knows and has reason to know is fundamental to the determination of foreseeability and duty. See Hamilton v. Steak ‘n Shake Operations, Inc., 2018 WL 1 177676 (Ind.App. March 7, 2018).
Although the issue of duty is generally a question of law, Indiana law recognizes that a factual question may be interwoven with the determination of whether the harm suffered was of a kind normally to be expected in a particular case, making the ultimate determination of the existence of a duty a mixed question of law and fact. Rhodes v.Wright (2004), Ind., 805 N.E.2d 382, 386; Helmchen v. White Hen Pantry(1997), Ind.App., 685 N.E.2d 180.
Similarly, as a rule, a person's status on the land, (whether invitee or licensee) along with the duty owed by the landowner, is a matter left to the determination of the trial court and not the jury. Winfrey v. NLMP, Inc., (2012), Ind.App., 963 N.E.2d 609.
The Indiana Supreme Court has made it harder than ever to recover for negligent security cases. You'll need an experienced lawyer who has handled dozens of "negligent security" cases.
Call (260) 777-7777 and get your lawyer working on your case.
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$5,000,000 Verdict in Indianapolis, IN
Bicyclist Struck by Indianapolis School Bus (independent contractor) Awarded $5M by Indianapolis Jury (Upheld by Verdict, $4.4M Paid)
$3,040,000 Verdict in Gary, IN
Blackjack Dealer Awarded for Slip and Fall on Ice in Trump Casino Parking Lot
$1,750,000 Verdict in Hammond, IN
Child Dies in Fire, Landlord Failed to Provide Adequate Smoke Detectors
$1,460,000 Verdict Near the Ozarks of Missouri
Sheriff's Deputy who Collides With Improperly Transported Manufactured Home Convoy
$750,000 $750,000 Verdict in Delphi, IN
$750,000 Verdict for Lady in Golf Cart Struck by Drunk Driver Awarded by Jury in Carroll County
$750,000 Settlement for Paralyzed Man Shot at Indy Gas Station
Man Shot and Paralyzed at Gas Station by Unknown Assailant from Unruly Crowd That Gathered After Murder of Person the Night Before at Same Site
$750,000 Settlement in Indianapolis, IN
$750,000 Settlement Slip and Fall Indianapolis Woman Falls on Water in Produce Section of Indianapolis Grocery Store Breaking Leg.
$605,000 $605,000 Verdict in Valparaiso, IN
$605,000 Verdict - Child Awarded for Facial Scarring When Landlord Failed to Cover Exposed Hot Water Pipe in Living Room
$500,000 $500,000 Settlement in Bluffton, IN
$500,000 Wrongful Death Settlement in Bluffton, Indiana for Woman Killed When She Crossed Center-Line Into Path of Oncoming Speeding Semi-Truck
$500,000 $500,000 Verdict in Kokomo
$500,000 Verdict for Woman Slip and Fall in Domino's Pizza Restaurant on Water (Reduced to $375,000)