Injury due to Criminal Attact because of the Absence of Security Guards in a Commercial Establishment with Known Risks: Crime Related Injury Lawyer
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Criminal Attack Injury due to Absence of Security Guards in a Commercial Establishment with Known Risks throughout the State of Ohio.
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Ohio Negligent Security Attorney: Assault Due to Insufficient Lighting
When a customer or visitor is violently attacked or assaulted on a business's property, the perpetrator is held criminally responsible. However, if the crime occurred because the property owner failed to provide adequate security measures—such as maintaining sufficient lighting in parking lots or common areas—the owner can be held financially liable through a Negligent Security claim.
Poor or broken lighting creates an ideal environment for criminal activity, turning a dark corner into a foreseeable trap. If you were the victim of a violent crime at an Ohio business due to a lack of proper illumination, our experienced Personal Injury Attorney team can help. We specialize in holding negligent property owners accountable for their failure to protect you from foreseeable criminal acts.
Establishing the Business's Duty to Protect Under Ohio Premises Liability
Under Ohio law, commercial property owners (of shopping centers, apartment complexes, hotels, and parking garages) owe their invitees a duty of ordinary care. This duty extends beyond fixing physical hazards; it includes taking reasonable steps to protect patrons from the foreseeable criminal acts of third parties.
The core of a Negligent Security claim based on poor lighting is foreseeability. We prove this using the Totality of the Circumstances Test, which courts apply in Ohio. This test looks at whether the property owner knew or should have known that inadequate lighting would increase the risk of crime:
- Prior Incidents: The property had a history of similar crimes (assault, robbery, theft) that should have put the owner on notice to improve security, including lighting.
- High-Crime Area: The business is located in an area with a high rate of crime, requiring a heightened duty of care and extra preventative measures.
- Broken or Insufficient Lighting: The owner was aware of broken lights in the parking lots or common areas—or the lighting was simply too dim to deter criminals—and failed to repair or upgrade them, directly increasing the risk of assault.
Proving Breach and Causation: Lighting as the Direct Factor
To win a negligent security case in Ohio, we must prove that the property owner's failure to provide adequate lighting was the direct and proximate cause of your assault and resulting injuries. The darkness must have facilitated the crime.
- Breach of Duty: The property owner failed to take reasonable and cost-effective steps, such as replacing burnt-out bulbs or installing additional high-output lighting, constituting a breach of the duty of care.
- Causation: We argue that the lack of sufficient lighting enabled the assailant to approach unnoticed or obscured surveillance footage, directly contributing to the commission of the criminal assault or attack.
- Ohio Revised Code Compliance: While no single Ohio Revised Code section dictates specific parking lot lighting levels, we evaluate the lighting against industry safety standards and local ordinances, which serves as powerful evidence that the owner failed to exercise ordinary care in maintaining a safe environment.
Evidence, Compensation, & Ohio's Statute of Limitations
Victims of criminal assault due to negligent security often suffer severe physical injuries, as well as profound emotional and psychological trauma. We act immediately to secure critical evidence that the owner was negligent:
- Light Meter Readings: Documenting the exact illumination levels (measured in lux or foot-candles) in the parking lot or common area to prove it was dangerously low.
- Crime Logs & Police Reports: Gathering records of past criminal activity on or immediately adjacent to the property to establish the required foreseeability.
- Maintenance Records: Obtaining work orders and repair logs to prove the owner was aware of the broken or inadequate lighting but failed to act.
You may be entitled to recover compensation for extensive medical expenses, lost wages, and non-economic damages, including pain and suffering and emotional distress.
The statute of limitations for most personal injury claims in Ohio (R.C. 2305.10) is typically two years from the date of the criminal assault. It is essential to contact an attorney quickly to begin the security investigation.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one were the victim of a criminal assault or attack on commercial property due to insufficient lighting or other security failures, contact our dedicated firm.