Theft - Vandalism Injury due to Unmaintained or Broken Security Fences: Crime Related Injury Lawyer
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Criminal Theft - Vandalism Injury due to Unmaintained or Broken Security Fences throughout the State of Ohio.
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Ohio Negligent Security Attorney: Theft & Vandalism Due to Broken Fences
Property owners of commercial lots, storage facilities, or apartment complexes often rely on perimeter security measures, like security fences, to deter criminal activity. When these barriers are left unmaintained or broken, they cease to offer protection, creating a direct invitation for criminal theft or vandalism.
In Ohio, property owners have a duty to implement and maintain reasonable security measures against foreseeable criminal acts. If your personal property or business was damaged or stolen because the owner failed to repair a broken security fence, our experienced Personal Injury Attorney team can help. We pursue Negligent Security claims to recover losses caused by this failure of basic physical security.
Foreseeability and the Duty to Maintain Security Fences in Ohio
Under Ohio Premises Liability law, property owners owe their invitees and, in certain foreseeable circumstances, their tenants or patrons, a duty of ordinary care to maintain a reasonably safe premises. This includes safeguarding the property against reasonably foreseeable criminal acts.
The essence of a claim involving a broken security fence is proving that the resulting theft or vandalism was foreseeable. We use the Totality of the Circumstances Test to establish the owner’s breach of duty:
- Prior Incidents: The property or neighboring properties have a history of theft or vandalism, putting the owner on notice to maintain all security features, including fences.
- High-Crime Area: The property's location is known to be in a high-crime area, requiring a heightened duty of care and the immediate repair of any unmaintained or broken security fences.
- Actual or Constructive Notice: The property owner or manager had actual notice (e.g., received a tenant or employee report) or constructive notice (the fence was visibly damaged for a long period) of the broken security fence but failed to act.
Proving Causation: The Direct Link to Property Loss
For a Negligent Security claim to succeed in Ohio, we must prove that the owner's failure to repair the unmaintained or broken security fence was the direct and proximate cause of your property damage or criminal theft.
- Breach of Duty: We argue the owner failed to take the reasonable precaution of fixing the fence, which is a fundamental physical security measure, thereby breaching the duty of care.
- Facilitation of Crime: The gap or damage in the security fence provided an easy, unhindered point of entry for criminals, proving that a functional fence would have prevented or deterred the theft or vandalism.
- Violation of Lease/Covenant: In residential or commercial tenant cases, the failure to maintain the fence may violate the lease agreement's terms regarding security and maintenance, providing additional proof of negligence.
Evidence, Compensation, & Ohio's Statute of Limitations
Victims of criminal theft or vandalism due to negligent security can suffer significant financial burdens, business interruption, and psychological stress. We work diligently to secure evidence demonstrating the owner's negligence:
- Photos and Videos: Documenting the exact location, size, and duration of the damage to the security fence before and after the criminal incident.
- Police Reports and Crime Logs: Gathering official documentation of the incident and surrounding crime statistics to establish foreseeability.
- Maintenance Records: Obtaining property records to show when the owner was notified of the broken fence and whether they attempted any repairs.
You may be entitled to recover compensation for the value of the stolen or vandalized property, business interruption losses, insurance deductibles, and other related damages.
The statute of limitations for most Ohio personal injury and property damage claims (R.C. 2305.10) is typically two years from the date of the criminal theft or vandalism. Prompt legal action is necessary to document the scene.
Contact Our Ohio Personal Injury Attorneys Today
If you or your business suffered a loss from criminal theft or vandalism due to an unmaintained or broken security fence at an Ohio property, contact our dedicated legal team.