All public and private properties are required to take effective steps to ensure that patrons are protected. Negligent or inadequate security is when the property owner falls short of implementing safety protocols. Every property visitor wants to feel safe when entering another party’s property.
If you have been injured on another person’s property, it is recommended that you seek a personal injury attorney. When someone is injured due to a property owner’s failure to provide adequate security, they may be entitled to compensation. Pursuing compensation can help ease your suffering and improve security measures for the landowner’s future visitors.
Los Angeles Lawyers for Negligent Security Claims, CA
Movie goers, restaurant customers, house guests, retail patrons, sports fans, and more have a right to be safe when entering another property. Property owners who do not maintain reasonable safety measures may be held civilly responsible.
Have you been injured on another person’s property due to negligent security? If so, it is vital that you seek legal representation. Yarian & Associates, APC is a reputable group of attorneys who are passionate about defending negligent security victims. Our attorneys have over two decades worth of personal injury experience. We want to guide you through this legal process so you can recover with ease. Yarian & Associates, APC accepts clients throughout the greater Los Angeles-Long Beach metropolitan area and adjoining communities including Visalia, Glendale, Long Beach, Los Angeles, Irvine, Santa Monica, and Pasadena.
Yarian & Associates, APC understands complex California laws that apply to negligent security. Do not face this situation by yourself. Call (844) 291-1911 or submit an online contact form today.
Overview of Negligent Security Claims in California
What is Negligent Security?
California landlords and property owners are obligated to protect their visitors from foreseeable harm. A business property owner or private residential owner is required to provide security to visitors. This security involves protection from dangerous actions of third parties.
Property owner’s legal duties regarding negligent security include:
- Using reasonable care to discover any dangers present to the property;
- Using reasonable care to maintain a safe environment for visitors;
- Warning invitees of any concealed danger they might otherwise not be aware of in the exercise of reasonable care; and
- Taking reasonable steps to correct or adequately resolve a dangerous condition.
Security negligence can include but is not limited to:
- Sexual Assault
- Unprovoked attacks
- Overzealous security
Common Reasons for Negligent Security
Lax security can attract unscrupulous people. If a property owner does not take the time to provide adequate security, they are putting their patrons or visitors at risk. A few common types of circumstances that can create an environment of inadequate security include:
- Inadequate or no security personnel
- Inadequate or no surveillance of the property
- Malfunctioning security equipment including fences, and locked doors
- Poor lighting
- Faulty or inadequate alarm systems
- Excessive force used by security personnel
- Lack of security policies and protocols
- Employment of individuals with criminal backgrounds
- Duplicate keys being given to unauthorized tenants or personnel
- Ignoring putting stronger security measures despite a prior history of crime in and around commercial or residential property.
Who is Liable for Security Negligence?
The type of property where your injury happened strongly affects your claim. It also depends on if you are an invited patron, a houseguest, or a trespasser. A few types of properties that can be held liable for security negligence include:
- Bar or night club
- Bank or ATM
- RV park
- Day care center
- Concert hall
- Sports of event stadium
- Apartment or condominium complex
- Government building
- Shopping mall
- Retail store
- Office building
- Nursing home
- School or University
- University dorm
- Amusement or theme park
- Gas station or convenience store
- Retail stores
- Hotel or motel
- Public park
Foreseeability in Security Negligence Cases
To have a successful security negligent claim, it must be determined that the harm was foreseeable. Basically, this entails that if the injury was avoidable or anticipated, then the liable party will be the property owner.
Certain types of business are considered high risk. Properties that are a high risk either by the area, the purpose of business, or have a history of criminal attacks are especially subject to foreseeability. Some examples of these can be ATMs, banks, hotels or motels.
A few factors that support foreseeability include:
- A recent rise of crime in the property’s area
- Located in a high crime area
- Direct threats made to the property, owner, or employee of the owner
- Knowledge of a specific risk factor such as a dangerous customer or worker, or possible anticipated risks that are surrounding the owner or their employees
- History of criminal activity on the property
- The property has a purpose that can attract criminal activity
Negligent Security Statute of Limitations
A statute of limitations is the time limit a person has to file a claim. It is important to be timely when filing a claim for security negligence. In California, a personal injury claim must be filed within two years of your injury. If the statute of limitations expires before you file your claim, any future claims will be barred
In some cases there are exceptions. If you are a minor at the time of the incident, you may be able to extend the statute of limitations. This also applies if the defendant is considered unavailable or there is a reasonable reason for a delay in the discovery of your injury. In many cases, if the property was owned by a government entity the statute of limitations may be shortened.
Damages for Negligent Security Cases
A personal injury claim allows victims to obtain monetary damages to compensate for injury-related costs. If you are successful in filing your claim, you may win compensation for your injury. Negligent security settlements that you may receive compensation for include:
- Past, present, future medical costs
- Loss of wages past, present, and future
- Emotional trauma and stress
- Loss of enjoyment of life
- Pain and suffering
Business and Professions Private Security Code – Visit the California Department of Consumer Affair’s website. See legislation surrounding security that all public and private businesses are obligated to follow. Read the statutory language and learn the specifics and procedures that the state of California has outlined for patrons and visitor safety.
Find an Attorney for Negligent Security Claims, CA
Have you been injured in the greater Los Angeles area because a property owner failed to maintain security measures on their premises? You may be entitled to compensation for your damages. Contact a personal injury attorney to evaluate and file your claim.
Yarian & Associates, APC has over two decades of experience in litigating negligent security cases. Attorney Levik Yarian has even procured millions of dollars in personal injury settlements. Our attorneys are passionate, aggressive, and knowledgeable in California civil law. We want to steer you in the best direction to help you recover. Contact Yarian & Associates, APC, we have filed claims for people all throughout the greater Los Angeles County and Tulare County area and nearby cities including Irvine, Pasadena, Los Angeles, Riverside, Santa Monica, Burbank, Visalia, Santa Monica, and Fresno.
Call us at (844) 291-1911 or submit an online contact form for a free consultation today.
This article was last updated on June 20th, 2018.