You are having a fantastic night out with your friends. When the evening ends, you walk back to your car and are mugged in the parking lot. The assailant makes away with your wedding ring, heirloom jewelry, designer bag, cellphone, and hundreds of dollars in cash. Meanwhile, you are left lying on the parking lot floor, injured, scared, and alone. The police are called and begin a search for the assailant. Unfortunately, despite their efforts, the criminal escapes. What now? You have medical bills, psychological scars, and lost wages. What recourse do you have?
Criminal Law vs Civil Law
The U.S. has two court systems: the criminal courts and the civil courts. In a criminal court, the person accused of a crime (the defendant) is found either guilty or not guilty and can be fined or imprisoned depending on the outcome of the trial. If your assailant had been arrested by the police, they would stand trial in a criminal court and likely be sentenced to jail. While this outcome would serve justice from a crime perspective, it will not help pay for your medical bills. This is where the civil courts come in.
In a civil court, a crime victim can sue those responsible for the crime for financial restitution. In the situation of being mugged in a restaurant parking lot, there are three parties that could potentially be held liable: the criminal, the restaurant owner, and the landlord (if that is someone different than the restaurant owner). Even if the criminal had been found, it is unlikely that he would have the resources to pay for your losses, so suing him would not help your financial position. While the restaurant and landlord did not perpetrate the crime against you, they may be partially responsible for it due to negligent security.
Negligent Security Lawsuits
To win a negligent security case, you will need to prove that 1) there was a potentially dangerous condition on the restaurant’s property that they either knew about or should have known about, 2) they did not take steps to remedy the condition, and 3) this lack of care caused your injuries. Some examples of negligent security by the restaurant or landlord could include:
- Poor lighting
- Lack of security guards or security guards that are not paying attention to their surroundings
- Lack of security cameras
- Tall or unkept shrubbery that a criminal could hide behind
A property owner is legally required to take steps to ensure the safety of their customers. If they failed in their duty to do this, you may be able to receive compensation for your stolen items, medical bills, lost wages, and pain and suffering. Contact Cutler Rader to learn about your rights and how you can receive the financial justice you deserve.
Cutler Rader, P.L.
With over 75 years of combined experience, the attorneys at Cutler Rader understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.
At Cutler Rader, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.