Des Moines might not have the highest crime rate in the nation, but violent attacks are a fact of life. Since 2020, violent crime has surged, even in Iowa. Too many people are assaulted, battered, and even raped. Some of these accidents happen in businesses, like hotels or motels, or in public buildings like schools.
If you were violently attacked, you might be able to sue the property owner. Every owner must use reasonable care to protect people who are lawfully on the premises, and violent activity is a hazard they should protect you from. If the owner doesn’t use reasonable security measures, then you might sue them in a premises liability claim.
Call Ball, Kirk & Holm, P.C. to talk with a Des Moines personal injury lawyer. These are complex cases, and you aren’t always entitled to sue. But we can review the facts and determine whether you have a sufficiently strong case or determine what other evidence you need. We have offices in Waterloo and Iowa City, and can drive out to meet you, if convenient.
What is Negligent Security?
Property owners owe a duty of reasonable care to lawful visitors on the premises. Owners must take reasonable steps to protect against hazards they have created, as well as those that are foreseeable.
This is not an area of law with bright line rules. Instead, what qualifies as “reasonable” security depends on many factors, including:
- The reason why a person entered the property;
- The foreseeability of possible harm (in this case crime);
- The reasonableness of warning or protecting a visitor from crime;
- The ease of giving a warning to visitors;
- The burden on the property owner in providing sufficient protection from hazards.
Crime is one type of foreseeable hazard. For this reason, a property owner should employ reasonable security measures to protect visitors from anticipated criminal activity.
Was Security Adequate?
We can represent anyone assaulted, battered, or raped in a business, including:
- A parking lot;
- An apartment complex or apartment building;
- A shopping mall or store;
- Hospital or nursing home;
- Restaurant, bar, or tavern;
- Hotel or motel;
- School or university;
- Other premises.
The question is whether the property owner took reasonable measures to protect visitors from crime. The key word is “reasonable.” A business is not obligated to guarantee your safety, and as the factors listed above show, a property owner doesn’t have to shell out millions of dollars for state-of-the-art security. Furthermore, if you were trespassing, then the property owner doesn’t need to protect you from crime because you aren’t supposed to be there.
Nonetheless, security must be reasonable based on the likelihood of crime. Some common security features we see include:
- Adequate lighting in hallways, alleys, common areas, and parking lots;
- Locks on doors and windows;
- Gates and fences;
- Intercoms at apartment building doors;
- Security cameras;
- Front desk staff or security guards.
Additionally, the property owner should take reasonable steps if they are aware of someone acting suspiciously. Suppose a person is loitering in a motel hallway without renting a room. Once the hotel knows about this person’s presence, a staff member should investigate. They shouldn’t bury their head in the sand and just wait for someone to get attacked.
Can You Sue Your Attacker?
Yes. You can sue anyone who touches you without your consent. However, they might not have any money to pay you. Imagine your daughter is sexually assaulted in a restaurant bathroom by a homeless person. She can sue the attacker, but he might be completely broke. Although you win in court, you get only a piece of paper telling the defendant to pay you.
By suing a business for negligent security, we might obtain financial compensation for your injuries. Businesses in Des Moines should have liability policies which cover attacks on the premises. That’s excellent news, especially if your attacker is bankrupt and has no assets to satisfy a court judgment.
Let us review the facts surrounding your case. As mentioned above, we can’t always sue the business because security might have been adequate. But where security was seriously lacking, we can seek damages from the property owner.
What to Do after an Attack
We recommend calling the police, to protect yourself and the other people nearby. The police can search for the assailant.
You should also call Ball, Kirk & Holm, P.C. We are an established personal injury law firm in Des Moines. Our legal team can investigate whether you have a case for negligent security. We can visit the scene of the accident and see if the security was defective:
- No locks on a bathroom door which allowed an attacker to gain access to the bathroom;
- Inadequate lighting which allowed an attacker to hide and surprise someone in a parking lot;
- Missing fences or gates in parking lots, allowing access to attackers;
- Broken windows in apartment buildings or hotel rooms, which a rapist slips through.
These are just some of the situations where defective security allows a criminal to surprise and attack an innocent victim. Call our firm. If successful, we can obtain compensation for:
- Lost income or wages;
- Mental anguish and post-traumatic stress disorder;
- Medical treatment for your injuries;
- Pain and suffering.
Violent crimes like rape and battery change lives. Now is the time to seek fair compensation from a business that might have contributed to your attack through their own carelessness.
Protecting the People of Des Moines
Many businesses will resist any suggestion that they are partially to blame for an attack on their premises. Nonetheless, security is often lax. Innocent people are hurt because the property owner didn’t employ some basic security features, like locks on doors and adequate lighting. Some apartment buildings in the city are practically falling down—and everyone is at risk. Let us review the facts and determine whether we can add the property owner as a defendant in your case.
Call us to speak with a Des Moines personal injury lawyer in a free consultation. We are always available 24/7 to help our clients and answer their questions.