Criminal Activity at a Business
The Act also provides the business can defend the lawsuit by showing that it implemented reasonable security measures or the claimant was a trespasser or attempting or engaged in a felony. Missouri Revised Statutes §537.787.2.
If you were at a business lawfully, and were hurt because of crime at the business, and there was time for the business to have stopped the crime, you may have a claim under the Act. In our experience, there are some businesses, often gas stations and mini-marts, both in the City of St. Louis and St. Louis County where crime is a regular event. If you or a family member were innocent bystanders harmed by crime at a business, you may have a case.
Statue of Limitations
Generally, the statute of limitations for this kind of case in Missouri is 5 years from the time the right to sue began, Missouri Revised Statutes §516.100 and §516.120 (4). If a death is involved then the statute of limitations is usually 3 years from death. Missouri Revised Statutes §537.100.
While we cannot talk about the details of many cases because of confidentiality agreements, Coffey & Nichols has represented individuals and surviving family members of people who were attacked and shot by other customers on commercial properties. The properties are typically ones where the police are called frequently for similar events, or the property owners are aware of dangerous people on the property, but fail to have adequate security, lighting and other crime preventing systems in place. While these cases can be difficult, Coffey and Nichols believes that it is not okay for businesses to put their customers and the surrounding neighborhoods at risk by turning a blind eye to extensive criminal activity just because it’s cheaper for them. We will talk with you about whether your situation is appropriate for this type of claim.
What to do if You are Injured by Criminal Activity at a Business or Apartment
First, take care of your health and call an ambulance if necessary, or go the ER. If no one has called the police, and you are the victim of the crime, call the police if you are comfortable doing so. The police may get any video the business might have of the incident.
If the police aren’t involved, we believe its normally best to report the incident to the property within a reasonable time. If you don’t report it within a reasonable time, the property may use that to act like it never happened. Also, the property should be requested to turn over or at least hold on to, any video they may have of the incident.
If employees of the property come when you are injured, and you are up to it medically, you can tell them what happened, but don’t admit that you did anything wrong, like saying you should have known better or did something to provoke the crime. Make any conversations with the employees of the property short and factual. You are not required to sign anything or fill out any incident report and we would prefer you did not. They can fill out their report.
Try to pay attention to what others say about what happened, especially if they work for the property, and get their name and contact information if you can.
Be careful about what you say to the police, the property people and your medical providers. They often write it down and what you say can hurt you later. Don’t lie to them or anyone else.
If you can, try to get photos of the scene and the people involved. Keep any papers, like receipts, from your visit that day to the property. If you’re a tenant hurt by criminal activity on rental premises, your lease will be also be important.