Missouri Inadequate Security Attorney
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Have you been injured at a bar, nightclub, or concert?


Bars, nightclubs, concerts, and casinos can all be fun places to have a good time. Large crowds paired with a diverse demographic and alcohol can be a dangerous mix. Sometimes things can get out of hand and security must step in to avoid further conflict. Security in these types of places is commonplace and almost expected in this day and age. But sometimes security measures are not adequate. Security companies make mistakes or altogether fail to do the job they were hired to do. When security companies fail to quash a preventable injury they need to be held responsible.

An innocent person expecting to be protected from a raucous crowd should not be left to bear the burden of an injury caused by inadequate security. If you find yourself or a loved one the victim of an injury or attack that could have been prevented by security you need the assistance of an experienced personal injury attorney on your side. You may need to act quickly to preserve evidence and protect your rights. Only a short window exists for you to assert a claim for damages under the law and failure to promptly file your suit may result in an absolute bar to recovery. Contact our office to discuss your case and come in for a free consultation.



Call Today 913-451-9500



Every case involving inadequate security really encompasses a broader are of the law. The theory of recovery behind an inadequate security claim is based largely on premises liability. Premises liability is different in Kansas and Missouri a brief explanation of premises liability and the differences between Kansas and Missouri follow.

PREMISES LIABILITY
Premises liability generally refers to claims where one person has been injured on the property of another, typically a business. Business owners are expected to keep their property in a reasonably safe condition, and when they fail and someone is injured the business owner should be held responsible. Many times, premises liability claims involve slip and fall accidents, trip and fall incidents, and falls down stairs or in parking lots. Also significant are attacks and violent crimes that occur in bars, retail stores, parking lots, and other property. The attorneys at Copley Roth & Davies, LLC handle significant premises liability cases in Kansas and Missouri.

In Kansas, the general law regarding premises liability is as follows:

DUTY TO INVITEES, BUSINESS VISITORS OR LICENSEES

The duty owed by an occupier of land to (public invitees) (licensees) (business visitors) is one of reasonable care under all the circumstances.

In order to determine whether the occupier of land exercised reasonable care in maintaining the land you shall consider the following factors:
1. The foreseeability of harm to the plaintiff;
2. The magnitude of the risks of injury to others by maintaining the land in such a condition;
3. The individual and social benefit of maintaining the land in such a condition;
4. The cost and inconvenience of providing adequate protection whether incurred by the occupier of the land and/or the community.
[5. Other factors appropriate to the case.]

DUTY OF CARE AND TO WARN

An owner or operator of a place of business which is open to the public owes a duty to the (public invitee) (business visitor) (licensee) to use reasonable care, under all of the circumstances, in keeping the business place safe. This duty applies to all areas in the business used by the (public invitee) (business visitor) (licensee). The owner or operator of the business must warn the (public invitee) (business visitor) (licensee) of any dangerous condition which (he) (she) knows about or should know about if (he) (she) had exercised reasonable care in tending to the business.

These duties are limited and extend only (to that portion of the premises which the person has either expressly or impliedly been invited to use) (to that portion the proprietor might reasonably expect [him] [her] to use in connection with the business) (to that manner of use which the proprietor might reasonably expect in connection with the business).

In Missouri, the law regarding premises liability generally is as follows:

The award must be for a plaintiff if you believe:

First, there was (here describe substance on floor that caused the fall) on the floor of defendant's store and as a result the floor was not reasonably safe, and

Second, defendant knew or by using ordinary care could have known of this condition, and

Third, defendant failed to use ordinary care to [remove it] [barricade it] [warn of it], and

Fourth, as a direct result of such failure, plaintiff sustained damage.

INADEQUATE SECURITY

The specialized area of premises liability known as claims of inadequate security requires additional consideration. Generally speaking, a business owner must provide security for its patrons or customers on the premises when circumstances exist from which the owner could reasonably foresee there is a risk and appropriate security measures should be taken. Inadequate security claims arise out of all types of attacks and violent crimes occurring on business property. Such claims are made against the property owner, management companies, and any number of security companies that claim to provide adequate, appropriate security.

We have handled numerous cases involving claims of inadequate security from personal injuries due to assaults in bars to wrongful death from a shooting in a parking lot, and have the experience to appropriately evaluate these cases. Please do not hesitate to contact us at 913.451.9500 for a free consultation.