In any premises liability case, notice on the part of the property owner is the most important part.
What Is Notice?
Notice is when the property owner knew, or could have known, about the danger or hazard that hurt you in time to fix it, barricade it, or warn about it. In crime victim cases, notice is when the property owner knows or should know about a crime problem or that someone on their property is dangerous in time to have done something about it.
At Meyerkord, Russell & Hergott, we've been handling premises liability and crime victims cases for over a decade. Here's why we have found that notice is the most important factor in these cases.
The Law Requires Notice
In most crime victim cases, one must show that the owner of the property where the crime occurred "knows or has reason to know that such acts are being committed or are reasonably likely to be committed in a particular area of the premises and sufficient time exists to prevent such crime or injury." R.S.Mo. Sec. 537.787 (2018). This means that if you were a crime victim on someone else's property, in order to make a case you have to show that the property had a crime problem and the property owner knew about.
Notice Increases the Value of Your Case
When you can show that a business has a crime problem and that they knew or had reason to know about it, it creates a duty on the property owner to act. They can't turn a blind eye to their crime problems. The more prior crime you can show on the property, the angrier a jury will become that it was allowed to happen. This helps drive up the value of your case.
Notice Yields More Witnesses and Other Potential Cases
A search of prior crimes at a property can also give you witnesses who can help your case. The testimony of other crime victims at a property will greatly help your case. These other witnesses may also have cases of their own. The more crime victim cases against a property, the better it is for your case.
If you've been the victim of a crime at someone else's business or property, please consider contacting my firm. We have the experience and knowledge with these cases to maximize your money compensation.
More Resources:
Proving Notice of a Defect in Slip and Fall Cases Against Businesses