Rely on

Louisiana’ premier
personal injury lawyer

Request Your Free Consultation

New Orleans Negligent Security Attorney

Negligent security is a common reason for premises liability lawsuits in Louisiana. Property owners owe visitors and residents a duty to provide adequate security on their property. If you suffered injuries in a criminal attack while on someone else’s property in New Orleans, the Law Office of John W. Redmann, LLC can help. Our New Orleans negligent security lawyers have the expertise to handle your case professionally and successfully.

Louisiana Premises Liability Laws

A property owner acts negligently when he or she doesn’t reasonably ensure the safety of visitors on a property. What is “reasonable,” however, depends on the situation. Not all landowners will have a duty to provide security measures to prevent crime. A property owner must do adequate research on the crime rates and criminal activity in the area to assess what types of security measures might be necessary to reasonably prevent crime. If the property’s location does have a history of crime, the owner must take precautions such as:

  • Installing security cameras and alarms
  • Lighting parking lots, ATMs, and alleyways
  • Hiring a security guard
  • Equipping building tenants with locks and window bars
  • Installing a security fence and/or gate
  • Restricting who can make copies of keys
  • Putting a sign on the door such as “Register Contains Less Than $50”
  • Using a drop safe at a business

The property owner’s legal duty involves investigating the history of crime in the area to understand what the law might expect of him or her in terms of patron safety. It then becomes the owner’s duty to take measures to reasonably prevent foreseeable crimes. The crime rate and type of property visitor (invitee, licensee, or trespasser) will determine what the property owner will have to do to fulfill his/her duties. An investigation into the property by one of our attorneys can help you ascertain whether a property owner in New Orleans is guilty of negligent security.

How to Prove Your Negligent Security Case

After any type of assault, criminal attack, or the homicide of a loved one in New Orleans, discuss your options with a personal injury attorney. While the city will take care of finding and prosecuting the criminal, your job is to seek financial reimbursement through the civil justice system. You have one year after the crime to file a personal injury claim in the state of Louisiana. The sooner you contact us, the better. There are four main elements of a negligent security claim:

  1. The defendant owned, leased, maintained, or controlled the property at the time of the criminal attack.
  2. The defendant was negligent in his or her use or control of the property. Namely, the defendant did not provide adequate security based on the risk of foreseeable crime.
  3. The crime occurred because of the defendant’s negligence. There must be a connection between the property’s inadequate security and the crime in question.
  4. The plaintiff suffered damages. Finally, the plaintiff must prove that he or she sustained real, compensable damages in the criminal attack, such as physical injuries, emotional damage, or property loss.

When all four of these elements are met, you may be eligible for financial recovery from the negligent property owner. You might also qualify for a separate compensation award from the criminal him/herself, if caught. You will need to gather evidence of your damages and of the defendant’s negligence, such as crime statistics for the area and expert testimony on what a “reasonable and prudent” owner would have done in the same situation. A lawyer can help you with this burden of proof.

A consultation with a New Orleans negligent security attorney at the Law Office of John W. Redmann, L.L.C. can help you understand your legal rights and options after a criminal attack in New Orleans. Contact us today.