Injuries due to negligent security in California may qualify for compensation. These are incidents where a hired security guard hurts, assaults, or otherwise acts improperly to another. The security officer is not simply excused from accountability for โdoing their jobโ. LA Century Law explains negligent security lawsuits and what you can do to claim your monetary payment.
What Is Negligent Security and How Does It Cause Injuries?
Negligent security is the legal liability that a property owner or manager has for harm that occurs due to failure to keep their property safe or in the event a security personnel harms an individual or exerts excessive force.. It is a way that victims of unsafe conditions on property can receive compensation. The basis of a claim is that the property owner should have done more to prevent the harm that occurred.
Common Locations Where Negligent Security Incidents Occur
Parking lots
Dimly lit parking lots can be places where assaults, robberies, and motor vehicle theft occur. The facility owner may have inadequate lighting, poor access control, and insufficient security cameras. They may have too few security guards or poorly trained guards. The result may be attacks and incidents that could have been prevented.
Concerts and large gatherings
In a place where many people are gathered, there must be a plan for crowd control. This means personnel who can intervene if there is jostling in the crowd and making sure that emergency exits are not blocked. There should be an adequate evacuation plan. There should be sufficient security before entering the facility. Negligent security may occur when these dangers are not addressed.
Restaurants and bars
A restaurant or bar may fail to sufficiently background check their employees. They may have improper signs and surveillance in their parking lots. They must take steps to remove suspicious people.
Colleges and universities
College campuses must keep their students safe. This means responding when they receive reports of suspicious activity and people and preventing unauthorized access to dorm rooms and classrooms.
Apartment complexes and hotels
An apartment complex may have negligent security because of a lack of fencing or doors that donโt lock. Lighting and access control in common areas may be important to prevent incidents.
Businesses and organizations are open to the public.
All businesses need to provide adequate security, including signs, access points, and responses to dangers. A safety plan must be specific to the needs of the business. For example, medical facilities should have a response plan for threats and unauthorized persons.
How To Prove a Property Ownerโs Negligence in Security Cases
To prove a property ownerโs negligence in security cases, you must show the following:
Duty of care
The property owner must have a duty of care for the safety of those who enter the premises.
Breach of duty of care
The property owner didnโt take sufficient steps to prevent injury and harm. This may be shown in many ways, including:
- Prior incidents and attacks
- Failing to remove a suspicious person
- Records of security violations
- Standard security procedures, facility access policies
- Failing to follow security protocols
- Witnesses
- Broken fences, gates, or doors; malfunctioning lights
- Testimony of the property owner, employees, and others with knowledge
Causation
Security failures must be the cause of the harm to the victim.
Damages
The victim is entitled to compensation as a result of the victimโs injuries.
Types of Injuries Caused by Negligent Security
- Assault
- Battery
- Sexual assault
- Jostling
- Larceny, robbery
- Carjacking
- Wrongful death
Steps To Take After Being Injured Due to Negligent Security
If you have been injured due to negligent security, take the following steps:
- Secure your immediate safety and prevent further harm
- Call emergency responders
- Notify property owners or managers
- Seek medical attention
- Observe the scene and evaluate safety measures and where the attacker may have come from
- Document the scene with photographs
- Identify witnesses and obtain contact information, if possible
- Write a narrative of what happened, including everything you can remember, even if you donโt think itโs important
- Contact a lawyer to begin your case
Who Can Be Held Liable for Negligent Security in California?
Property owners and managers can be liable for negligent security in California. The question is who had control of the property and responsibility for safety.
Negligent security is a type of personal injury claim.
A negligent security claim does not depend on an arrest or criminal charges. The victim may bring their claim independently against the party or parties responsible.
At LA Century Law, we can determine what parties may be liable and how to pursue your compensation claim.
How does a negligent security claim work?
A person on someone elseโs property may be hurt by a third party. For example, a person may be attacked, robbed, and beaten in a parking lot. At first glance, it might seem like only the attacker has legal fault for the accident. However, the property owner where the harm occurred may also have legal liability.
Liability for the property owner is based on failing to do enough to keep the injured person safe. In the parking lot example, the property owner could have had poor lighting, a lack of fencing, and no security guards. Perhaps they knew about previous incidents but didnโt take measures to prevent them from happening again. These failures can create liability for negligent security.
Where negligent security applies, the person may bring a legal claim against the property owner for compensation. A negligent security claim works by the victim asserting the claim, proving the liability of the property owner, and identifying their damages.
Compensation You Can Seek in a Negligent Security Claim
- Medical bills, including emergency, urgent, and follow-up care
- Rehabilitation, physical therapy
- Mental health treatment for anxiety, stress, avoidance behavior, and other trauma
- Lost income
- Pain and suffering, emotional anguish
- Property damage
- Other economic and non-economic damage
Contact an Experienced Century City Personal Injury Lawyer
If you have been hurt, a property owner may have contributed to the incident. You may qualify to receive monetary compensation for an injury due to negligent security in California.
Contact an experienced Century City personal injury lawyer. At LA Century Law, we handle negligent security claims. Weโll explore every possibility to claim your compensation and maximize the amount that you receive. Call or message us now to begin.