Injury Due to Foreseeable Criminal Activity: Crime Related Injury Lawyer
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury Due to Foreseeable Criminal Activity in an Area where Previous Incidents Occurred without Increased Security Measures throughout the State of Ohio.
Call TOLL FREE: (800) 848-5297 today to schedule a Free Consultation with on of our Experienced Criminal Activity Related Personal Injury Attorneys.
Ohio Negligent Security Attorney: Injury After Prior Incidents
When foreseeable criminal activity occurs on a business or apartment property, the property owner has a clear, elevated duty to act. If previous incidents—such as assaults, robberies, or vandalism—have occurred, and the owner fails to implement increased security measures, they are often deemed negligent when the next criminal act causes injury.
Under Ohio Premises Liability law, property owners are not insurers of safety, but they are required to take reasonable steps to protect guests and tenants from known or knowable dangers. If you were injured by a criminal act in an area where previous incidents occurred without increased security, our experienced Personal Injury Attorney team can help you file a Negligent Security claim to recover damages.
Establishing Foreseeability with Prior Incidents in Ohio
In Ohio, establishing the owner's legal duty of care hinges on proving that the criminal act was foreseeable. We utilize the Totality of the Circumstances Test, the standard applied by Ohio courts, which requires us to look at all relevant factors, not just the single event that caused your injury:
- Prior Similar Incidents: Evidence of past assaults, robberies, or other violent crimes that occurred on the same property or in the immediate vicinity is powerful proof of foreseeable criminal activity.
- Lack of Response: We demonstrate that the owner or manager was aware of these previous incidents (had actual or constructive knowledge) but failed to hire security personnel, install cameras, improve lighting, or take other reasonable preventative action.
- Character of the Area: The nature of the business or the fact that the property is located in a known high-crime area further strengthens the argument that criminal activity was reasonably anticipated.
Proving Breach and Causation Under Ohio Law
To win a Negligent Security case, we must prove that the owner's failure to respond to foreseeable criminal activity with increased security measures was a direct and proximate cause of your injury.
- Breach of Duty: The owner breached their duty of care by choosing to ignore the pattern of previous incidents, thereby allowing a dangerous condition (the lack of adequate security) to persist.
- Causation: We argue that if the owner had taken the reasonable precaution of increasing security after the previous incidents occurred, the criminal act that injured you would have been deterred or prevented.
- Ohio Revised Code & Common Law: We hold owners accountable based on common law principles established by the Ohio Supreme Court, which holds that a business must warn or protect business invitees from criminal acts when the owner knows or should know a substantial risk of harm exists.
Evidence Collection, Damages, & Ohio's Statute of Limitations
Negligent security injuries often result in life-changing physical harm and emotional trauma. Our firm acts immediately to gather the necessary evidence to prove the owner’s liability based on foreseeable criminal activity:
- Police & Incident Reports: Collecting all reports documenting previous incidents on the property to prove foreseeability under the Totality of the Circumstances Test.
- Security Audits & Expert Testimony: Engaging security experts to testify that the owner's security level was inadequate given the history of the previous incidents in the area.
- Internal Communications: Searching for emails, memos, or maintenance requests that prove the property owner or manager had actual knowledge of the prior crime but chose not to implement increased security measures.
Victims are entitled to seek compensation for medical expenses, lost wages, and non-economic damages, including pain and suffering and emotional distress.
The statute of limitations for most Ohio personal injury claims (R.C. 2305.10) is typically two years from the date of the injury. It is critical to contact an attorney promptly to begin the investigation.
Contact Our Ohio Personal Injury Attorneys Today
If you were injured due to foreseeable criminal activity on an Ohio property where previous incidents occurred without increased security, contact our dedicated legal team for assistance.