California Negligent Security Attorneys
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Our California Negligent Security Attorneys Are Here To Answer Your Questions
Many Californians become victims of crime every day. In 2018 alone, the California Department of Justice reported nearly 370,000 victims of assault. Sadly, adequate security could have prevented many of these incidents.
Under California premises law, property owners must keep others safe from danger, including dangers such as criminal assault and battery. Those who fail to implement adequate safety measures or warn visitors of dangerous conditions can be held liable for negligent security.
If you are injured due to a crime on someone else’s property, you may be eligible for compensation. A California negligent security attorney can review the facts of your case.
Business owners in California have a legal and ethical obligation to protect their visitors against crimes committed on their property. If a business patron is injured because of substandard safety measures, the business could be held accountable in the civil court system for the damages they cause.
Defining Negligent Security
Negligent security laws in this state hold property owners accountable for keeping their properties safe for visitors. Not only does this include steps like repairing potholes in a parking lot or promptly cleaning up spills, but it also includes security measures.
If you were assaulted on a property lacking sufficient security, you might have a civil legal claim against the property owner. Consulting with a California negligent security attorney can help clarify whether a claim may be possible. Even if some security measures were in place, compensation may still be considered if they were insufficient, especially when previous violent incidents occurred and no preventive actions were taken.
Examples of negligent security can include:
- Poor lighting.
- Broken locks on doors, gates, and windows.
- Lack of security technology, such as surveillance cameras or alarms.
- Inadequate emergency exits.
- Untrained or poorly trained security personnel.
- Lack of security personnel.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Do You Have A Negligent Security Claim In California?
To establish a negligent security claim, the following factors are typically considered:
- You were allowed on the property.
- You sustained an injury on the property caused by a third party.
- The property owner should have known about potential risks to visitors to their property, but they still didn’t have adequate security. For instance, a business in an area with a high crime rate should know that visitors could be at a higher risk of armed robbery. Or a tavern with a reputation for “rowdy” customers should know that their visitors might be at a higher risk of assault.
- If the property owner had provided adequate security, your injuries wouldn’t have happened.
A California negligent security attorney can help review these factors and assess whether a claim may be possible. Legal representation can also provide support during this stressful time.
Steps To Take After Becoming A Victim On Commercial Property
Suffering an attack on commercial property can make pursuing compensation a complex process. Multiple parties may be responsible for your injuries, such as the property owner, management company, or, if applicable, the security company. An ongoing criminal investigation against the attacker can add further complexity. You may consider the following steps after an attack:
- Move to a safe location as soon as possible.
- Document the incident, including taking photos of hazards or injuries and noting any witnesses.
- Seek medical care promptly and inform your healthcare provider about the circumstances of your injury.
- Consult with a California negligent security attorney to review your situation and understand potential civil legal options.
The Duty To Protect Against Criminal Acts
Under California statute, landowners are negligent when they fail to take practical steps to secure their property against predictable criminal acts by third parties. If there has been a history of assaults, muggings, or bar fights in the establishment or the surrounding area, property owners may be obligated to provide enhanced security. The threat of criminal activity in these cases could be considered foreseeable.
Compensation For Negligent Security Claims
Although the property owner, security, or management company may not have directly caused your injuries, they can still be held liable. A California negligent security attorney can help review whether you may be eligible for compensation for damages such as:
- Medical bills
- Lost wages
- Lost or damaged property
- Pain and suffering
Where Do Negligent Security Claims Apply?
The validity and strength of your case depend on where the accident occurred. The jurisdiction of where an incident occurred can make an impact because premises liability laws vary from one state to the next. Typically, you might have a negligent security claim for your injuries if the incident occurred on one of these types of properties:
- School or university
- Hospital
- Nursing home
- Office building
- A convenience store or gas station
- Parking lot or parking garage
- Hotel or motel
- Casino
- Restaurant
- Bar or nightclub
- Movie theater
- Bank or ATM
- Amusement or theme park
- Retail store
- Shopping mall
- Government building
- Apartment or condominium complex
- RV park
- Daycare center
- Sports or event stadium
- Public park
- Museum
- Concert hall
Even if your assault happened in a different location, it’s prudent to check with a California negligent security lawyer to determine if you could have a claim on your hands.
Foreseeability Is Key In California Security Negligence Cases
The critical factor in any successful negligent security claim is foreseeability. Suppose the harm you suffered could have been avoided or was anticipated in any way. In that case, the property owner or another party could be liable for your injuries. The level and type of security that a property or business owner has a duty to use are directly linked to the chances that a crime would occur on the premises. Numerous factors impact the foreseeability in a negligent security injury claim.
Some specific properties and businesses are at a higher risk than others for criminal activity. For example, those who have a history of crime on the property or in a dangerous neighborhood. ATMs, banks, hotels, and motels are places where crime can reasonably be anticipated. Other factors in foreseeability include:
- There has been a recent increase in crime in the area.
- A history of direct threats made to the property, owner, or employee.
- Knowledge of a specific risk factor, such as a dangerous customer or worker, or potential expected risks regarding the owner or their employees (such as an ex-spouse or disgruntled former employee).
- The property has a purpose that can attract criminal activity, such as a casino or liquor store.
A California negligent security attorney can review the specifics of your case to assess whether or not foreseeability existed and to what extent. This assessment may help determine the potential compensation available.
How Long Do You Have To File A Negligent Security Lawsuit?
It can be helpful to consult a California negligent security attorney soon after your injury. The statute of limitations in California is two years from the date of the injury. However, if a government entity owned the property, the statute of limitations may be less than two years. In some cases, it may only be a few months or up to one year.
The statute of limitations is a deadline, which means you must file your claim before the two-year mark. If you don’t, you forgo your right to seek compensation for your injuries through the legal system.
However, there are a few exceptions to this crucial deadline. If you are not yet 18 years of age, the statute of limitations typically doesn’t begin to run until the date you turn 18. As such, you generally would have two years from the date of your 18th birthday to file your claim. The same concept applies if the defendant is unavailable for litigation or if you didn’t find out about your injuries until after the date of the attack. Consulting with a California negligent security attorney can help determine whether any exceptions apply in your situation.
How Negligent Security Laws In California Have Changed
Complicated legal principles govern California’s premises liability cases, including negligent security cases. Consulting a California negligent security attorney can provide guidance on your rights and the options available in your case.
Previously, businesses were not seen as insurers of their visitors’ safety. Accidents can happen anywhere. It was a common thought that businesses and property owners couldn’t guarantee that something would happen on their property. For example, they couldn’t guarantee against a customer getting struck by lightning while exiting a storefront. The only exception to this school of thought was hotels and railroads. This is because the courts concluded that these types of industries assumed a weightier duty to ensure their customers were safe.
To establish a negligent security claim, an injured individual generally needs to show that:
- They were on the property lawfully.
- They sustained injuries.
- The victim’s injuries occurred due to the failure of the business owner to provide reasonable security to keep their patrons safe.
A California negligent security attorney can help assess whether these elements may apply in your case.
How Do You Sue A Business Owner For Negligent Security?
Every negligent security case is different. However, each case must begin with the filing of a Summons and Complaint. After this, the defendant will receive a notification in the form of a notice of complaint.
The defendant has 30 days to reply to the notice of Summons and Complaint within 30 days after they receive the notice. They can respond by pleading the sufficiency of the complaint or by submitting an Answer to the Complaint to the court. The process of pleading to the complaint is known as a ‘motion to strike’ or a ‘demurrer.’
What Can Negligent Security Attorneys In California Do For Me?
Negligent security cases often involve complex litigation and investigations. To file a claim, you must show that the property owner or manager should have foreseen the hazardous condition that led to your injuries. Without legal guidance, this can be challenging.
Consulting a California negligent security attorney can be an important step in pursuing a claim against a property owner. In civil cases, the injured party has the burden of proof. An attorney can help assess whether there is evidence to show that the business owner may have foreseen the likelihood of a criminal incident on the property and whether their negligence contributed to your injuries.
Talk To Our California Negligent Security Lawyers
If you were injured due to insufficient security, a California negligent security attorney can help review the circumstances of your case and explain potential legal options. Our team has experience handling claims across San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and other parts of California.
An attorney can also help clarify the steps involved in a civil claim and what evidence may be relevant. You can reach our firm at (888) 488-1391 or submit a “Do I Have A Case?” form to request a case review.
