When someone visits a place like a store, apartment complex, or parking lot, they expect to be safe. Property owners in North Carolina have a duty to keep their property safe for people who are allowed to be there. This includes making sure there is enough security to prevent crimes like robbery, assault, or even worse. If a person gets hurt because there was not enough security, that’s called negligent security.
Negligent security happens when a business or property owner fails to protect visitors from harm. This could be from not having cameras, lights, locks, or security guards in areas where crimes are likely to happen. If someone gets hurt because of this failure, they may be able to take legal action and ask for damages. Damages are a type of money given to help the person recover from the harm they suffered.
What Makes a Case for Negligent Security
Not every injury on a property means you have a case. The injured person has to show that the property owner knew or should have known about the danger. Maybe there were other crimes in the area. Maybe the locks had been broken for a long time. The law in North Carolina looks at what a reasonable property owner would have done in the same situation.
To bring a case, it also has to be clear that the injury happened because of the poor security. That means the crime wouldn’t have happened if the owner had better safety measures. These kinds of cases can be difficult, but the law allows people to ask for help when someone else’s carelessness caused harm.
Types of Damages That May Be Available
In North Carolina, people who are hurt because of negligent security can ask for different kinds of damages. These damages are meant to help them recover from what happened, both physically and emotionally. There are three main types of damages a person might ask for.
Medical Bills and Treatment Costs
One of the first types of damages is payment for medical care. This includes hospital stays, doctor visits, medicine, therapy, and any future medical treatment that may be needed. Some injuries can be serious and take a long time to heal. The law says that victims should not have to pay for those costs if the injury was caused by poor security.
If someone needs surgery or long-term care, they can also ask for help covering those expenses. Even smaller injuries like cuts or sprains can add up in cost. Getting the full amount for medical treatment is an important part of making the victim whole again.
Lost Wages and Loss of Ability to Work
Another type of damage is lost income. If someone gets hurt and can’t go to work, they lose money. This can be even worse if they are out for weeks or months. Some injuries are so bad that a person can no longer do the same job they did before. In these cases, the person may also be able to ask for money for loss of future earnings.
Losing the ability to work affects not just the person but also their family. Bills can pile up quickly. The law recognizes this and lets victims seek damages to replace the money they would have earned if the injury hadn’t happened.
Pain and Suffering
Not all harm is physical. Emotional pain counts too. A person who was attacked or harmed because of negligent security might have nightmares, anxiety, depression, or a fear of going out. The law allows them to ask for damages for this kind of suffering.
Pain and suffering damages don’t come with receipts, but they are just as real. The courts will look at how the injury has affected the person’s life. If they can’t enjoy the things they used to, or if they are always in pain, they deserve compensation for that. These damages can vary widely, depending on the impact of the incident.
Punitive Damages in Special Cases
Sometimes the court can also award punitive damages. These are not to help the victim, but to punish the property owner if what they did was very wrong. This only happens in rare cases, like if the owner knew people were being hurt and did nothing again and again.
Punitive damages send a message that safety must be taken seriously. They are used to stop others from being careless in the same way. In North Carolina, punitive damages are not common, but they are possible in the worst kinds of cases.
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How Damages Are Decided
In every negligent security case, the damages depend on the facts. The court will look at the medical records, work history, and personal stories of the victim. Lawyers may bring in people who can explain how bad the injury is or how it affects daily life.
The court will also think about how clear the connection is between the poor security and the injury. If it is clear that better lights or cameras could have stopped the attack, that makes the case stronger. If there were many warnings and the property owner ignored them, that also helps the victim’s case.
What Victims Should Do After an Injury
If someone has been hurt because of a crime that happened due to bad security, they should act fast. It’s important to get medical help right away and keep all records. They should also take photos if possible and write down everything they remember. If there were witnesses, get their names and contact information. Talking to someone who understands the law can help. They can explain if the case is strong and what kind of damages may be available. They can also deal with the insurance companies and the people responsible, so the victim can focus on healing.
Why These Cases Matter in North Carolina
Negligent security cases are about more than just one person. They help keep communities safe. When businesses know they can be held responsible, they are more likely to fix broken lights, hire guards, or install cameras. This helps prevent crime in the future.
North Carolina law supports the right of people to feel safe when they are visiting a place. That right includes the chance to ask for help when someone else’s carelessness leads to injury. These cases can lead to better protection for everyone.
Get the Help You Deserve
If you or someone you care about was hurt because a property owner didn’t keep their place safe, you may be able to recover damages. These damages can cover medical bills, lost work, and the pain you’ve suffered. Don’t wait too long. North Carolina has time limits for filing a case.
You deserve to know your rights and what help may be available. At Phillips & McCrea, PLLC, we can talk with you about what happened and guide you through every step. Let us help you find the justice and support you need. Reach out today to learn how we can work together to move forward.