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Aggressive Negligent-Security Attorneys in California
Innocent 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 crimes.
Under California premise 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 become a victim of a crime on the property of another party, you could receive compensation for your damages. To find out, contact an experienced negligent security attorney from California as soon as possible.
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. Suppose you were assaulted on a property that lacked these security measures.
In that case, you might have a valid civil legal claim against the property owner. Meeting with a well-versed California negligent security lawyer is the best way to determine if you have a claim. Even if some degree of security exists, you can still seek compensation if it was inadequate. This fact is especially true if violent crimes occurred on the premises in the past, and no action was taken by the property owner to prevent future occurrences.
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
Do You Have a Negligent Security Claim in California?
It would be best if you established the following to win a negligent security lawsuit:
- 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 on their property but 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
Having a knowledgeable California negligent security attorney by your side to help you prove these points will maximize your compensation. Legal representation will also help decrease your anxiety during this already stressful time.
Steps to Take After Becoming a Victim on Commercial Property
Suffering an attack on commercial property can make getting the injury compensation you deserve a complicated process. It’s quite likely that multiple parties may be liable for your injuries, such as the property owner, management company, and if one exists, the security company. To make the situation even more complex, there could be an ongoing criminal investigation against the attacker. Increase your chances of getting compensation by following these steps after an attack:
- As soon as possible, find a safe place.
- Call 911 and be sure to file a police report.
- Get medical care as quickly as possible. Before receiving treatment, tell your medical team that you are a victim of a crime
- Contact a California negligent security lawyer at Arash Law for help.
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 nor security or management company didn’t directly cause your injuries, they can be held liable. In fact, you likely have a better chance of recovering compensation from them than you do from the person who attacked you. With the help of a California negligent security attorney, you could receive payment for your 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 your attack occurred. The jurisdiction of where an incident occurred can make an impact because premise liability laws vary from one state to the next. Typically, you might have a negligent security claim for your injuries if your attack occurred on one of these types of properties:
- School or university
- Nursing home
- Office building
- A convenience store or gas station
- Parking lot or parking garage
- Hotel or motel
- 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
- Concert hall
Even if your assault happened in a different location, it’s always prudent to check with a skilled 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 that 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:
- A recent increase in crime in the area
- A history of direct threats made to the property, owner, or an 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
An experienced California negligent security attorney can review the specifics of your case to determine if foreseeability existed and to what degree. The greater the degree, the more compensation that could be available to you.
How Long Do You Have to File a Negligent Security Lawsuit?
It is in your best interest to reach out to a California negligent security lawyer as soon as possible 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. Speak to a California negligent security attorney before assuming that any of these exceptions apply in your case. You don’t want to lose your legal rights or options by putting it off or being ill-informed.
How Negligent Security Laws in California Have Changed
Complicated legal principles govern California’s premise liability cases, including negligent security cases. It’s essential to have a California negligent security lawyer’s expertise and skill to advise you of your rights and how to proceed in your case. The injury attorneys at Arash Law can use their vast experience to help you receive the settlement or court award you deserve for your negligent security injuries.
Previously, businesses were not seen as insurers of their visitor’s 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 were hotels and railroads. This is because the courts concluded that these types of industries assumed a weightier duty to ensure their customers were safe.
Remember that, today, to win a negligent security lawsuit, an injured individual only has to prove that:
- They were on the property lawfully
- They sustained severe bodily harm
- The victim’s injuries occurred due to the failure of the business owner to provide reasonable security to keep their patrons safe
A well-versed California negligent security attorney can help you prove these elements exist 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.’
Hire a Professional Negligent Security Attorney in California
Negligent security cases often involve complex litigation and investigations. If you intend to file one, you will need to show that the property owner or manager should have foreseen the hazardous condition that led to your injuries. If you don’t have a California negligent security lawyer on your side, this can prove to be quite tricky.
Hiring an experienced California negligent security attorney should be your first step in pursuing your claim against the negligent property owner. In civil cases, the injured party has the burden of proof. Your attorney could help you prove beyond a preponderance of the evidence that the business owner should have foreseen the likelihood of a criminal incident within the property. They can also help you prove that their negligence caused your injuries.
Turn to the Reputable California Negligent Security Lawyers at Arash Law Today
If you are searching for a reputable California negligent security attorney, look no further than Arash Law. We have the required understanding of the complicated California laws that applies to victims of negligent security cases. We are familiar with the courts across this region since we appear in them regularly.
Our attorneys have more than two decades of experience serving clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and all over California. Our personal injury clients, including those injured in negligent security claims, have received $200 million in compensation for their damages.
If you suffered an injury due to a lack of security, we are here for you. Waiting to seek legal help could be detrimental to your claim. Don’t delay any further. Call Arash Law today at (888) 488-1391 or complete our online intake form to receive your free negligent security case review.