Common Perpetrator Defenses to Crime Victim Claims

• Several defenses in a civil lawsuit brought by the victims of a criminal attack include:
• Self Defense – the perpetrator claims their actions were justified because they were defending themselves or someone else;
• Assumption of the Risk – the perpetrator claims they should not be held liable because the victim voluntarily exposed themselves to the danger or risk;
• Contributory/Comparative Negligence – the perpetrator claims it was the victim's negligence or conduct that caused or contributed to cause their injuries. A victim's trial verdict may be reduced by a proportional share if the jury finds the victim was partially at fault.
• Immunity - the law sometimes provides government agencies, government employees, and other parties with immunity from civil liability under certain circumstances.
• Non-Preventability – the property owner or business claims that even though they lacked proper safety measures, the criminal act was nevertheless not preventable.
• Nonforseeability – the property owner or business claims that even though there has been prior or persistent crime on their premises, the particular crime was nevertheless nonforseeable.

Contact an attorney

If you or a loved one has been a victim of a crime, you should consult with a competent negligent security attorney to assist in pursuing a legal claim for compensation.

Holder Susan Slusher, LLC handles crime victims/premises security cases in St. Louis, Kansas City and throughout Missouri and mid Missouri. Contact our legal team at (573) 710-4716 for a free initial consultation and case evaluation.