A home is a special place where everyone feels safe and protected. It’s a sanctuary for many. Sadly, not every home is free of dangers. These days we don’t have control over our personal safety. Buildings accommodate dozens of people, and not every person is a saint.
Similarly, tenants have no control over who is on the property and whether that stranger is a threat. Such conditions lead to crimes, including theft and shootings. Nowadays, we witness a massive increase in criminal acts, especially shootings. From restaurants to apartments, no place is safe.
If you experience such an incident on someone else’s property, you might think about whom to pin the blame to. Of course, the shooter is liable, but at times property owners are also at fault. Here are four reasons why getting shot on another person’s property makes them responsible for the injury.
Negligent Security
You might think can you sue someone for shooting you? Of course, you can. Victims should sue the shooter and the property owner if they were negligent in providing secure premises. You suffered due to both parties, and each one should pay for your damages.
Every property owner must provide security to their tenants. If someone fails to do so, they are equally at fault. From robberies to assaults, any incident taking place on another individual’s property gives you a right to sue them, given their security wasn’t up-to-date.
Security measures include installing cameras, appointing security personnel, and ensuring no unauthorized people enter the premises. Even securing the entrance is necessary for today’s time. If your property owner took none of these measures and you can prove it in court, you could get significant compensation.
Like other businesses where providing security is the owner’s job, keeping occupants safe is the property owner’s responsibility. If they were responsible in the first place, you would not have suffered the shooting incident.
However, keep in mind, you must provide proof of the negligence. It could be photos, videos, or anything supporting your claim that you would not have been shot if the complex had been made safe.
The Property Owner was Aware of the Danger but did Nothing
Another reason the property owner is liable for the occupant’s injury is that he was aware of the possible danger but did nothing to contain it. For example, there were records of previous crimes on the property, but the landlord did not make his occupants aware of the situation.
Furthermore, the building could be near a dangerous neighborhood, which led to the mishap. Since the property owner knew about the vicinity, and couldn’t keep his tenants safe, he can be held liable for any accident.
Some property owners consciously put others at risk for their benefit. They want as many tenants as possible and do not pay heed to the surrounding security threats. It causes innocent people to fall prey to all sorts of crimes, including shootouts.
If something similar happens in your life, you should not sit silently. Gather necessary evidence and hire a lawyer to speak for you in court. Until you don’t bring such landowners to light, they continue to put people at risk.
The Property Owner Knew the Shooter
A person on someone else’s property can belong to three categories. They are either business visitors, social guests, or trespassers. When the shooter is personally invited to the premises, he will belong to the first two categories.
Maybe, the shooter was a relative or a friend of the owner. If that is the case, you can easily hold both the shooter and the property owner liable for your injury.
Even if the landowner wasn’t aware of the intentions of the shooter, he was the one who allowed the person to step foot on the property. Therefore, such property owners are responsible.
In addition, if an individual invites someone to your building knowing about their previous criminal records, the situation becomes even more serious. In such circumstances, you will have to pursue the case to ensure something similar doesn’t happen in the future.
Slight negligence of a property owner can put dozens of lives at risk.
The Laws of the State
Last but not least, the laws of various states also hold property owners responsible for occupants’ gunshot injuries. In states like Florida, occupants have the right to sue both parties. That means victims will get compensation from the shooter and building owner.
However, to pursue the matter in court, the victim must prove that the owner had anticipated the mishap yet failed to take reasonable precautions.
Honestly, no one can predict the outcomes of these cases. The circumstances of your case determine whether the court will hold a property owner liable or not.
Anyone who finds themselves entangled in this situation should consult an experienced lawyer. Only an attorney can guide you regarding the matter.
