As described by the Legal Information Institute, negligence is the failure to take proper care. A property owner may be liable for a criminal attack that occurs on their premises due to negligence. Notably, both a criminal and a negligent property owner may be sued civilly by the victim. Here, our Philadelphia negligent security attorney explains what you should know about suing both a criminal and a property owner for an attack.
You Have the Right to Sue a Criminal for an Assault or Other Attack
As a starting point, it is important to emphasize that you always have the right to file a civil claim directly against the person who committed the crime. In Pennsylvania, a criminal case and a civil case are separate matters. A criminal conviction does not automatically result in compensation for the victim. By filing a civil lawsuit, a victim can seek damages such as medical expenses, lost income, and pain and suffering.
The Challenge: Criminals rarely have sufficient assets to allow for any genuine financial compensation. As such, a direct lawsuit against the criminal is often not viable.
You Can Also Sue Any Negligent Business or Property Owner
In Pennsylvania, negligent security laws give victims the ability to hold businesses and property owners accountable when a lack of reasonable security contributed to the crime. For example, imagine that a major apartment complex in Philadelphia failed to repair broken locks. An attacker gets into the building and assaults and robs a person. The owner of that property may be civilly liable for that attack. Negligent security claims recognize that many crimes could have been prevented if proper precautions were in place.
A Better Option in Most Cases: Businesses and property owners generally have more assets and are also typically covered by liability policies.
Key Things to Know About Suing Both Parties
Victims often wonder how claims against both a criminal and a property owner work in practice. Here are three key things to know:
- Independent Liability: The criminal is liable for committing the act of violence, while the property owner may be liable for allowing unsafe conditions.
- Separate Claims: A victim can file a civil case against both the attacker and the property owner at the same time. They are separate claims, though the cases may be joined.
- Shared Responsibility: In Pennsylvania, courts can assign responsibility to both the criminal and the negligent property owner depending on the evidence.
How Our Philadelphia Premises Liability Attorney Can Help
Sean Quinn is a Philadelphia premises liability attorney who is committed to fighting for justice and the maximum compensation for victims and their families. Our Philadelphia negligent security lawyer has a proven record of case results. We encourage you to review our client testimonials and to reach out to our Philadelphia negligent security lawyer directly with any specific questions.
Call Our Philadelphia Negligent Security Attorney Today
At Quinn Law Group, LLC, our Philadelphia negligent security lawyer is a strong advocate for justice. If you have any questions or concerns about premises liability law, please do not hesitate to contact us today for a free, no-obligation case review. With an office in Philadelphia, we handle negligent security cases throughout Southeastern Pennsylvania.