I spend a lot of time listening to the client. You begin, then, to hear things that you didn’t think were possible. The imagination starts working and then you find a way.
Long Beach Negligent Security Attorney
Advocating for Victims of Assaults and Robberies
Property owners in California have a legal duty to keep their premises safe for visitors. Most people falsely believe these duties stop at cleaning up wet floors, but they also apply to security measures. A property owner must take reasonable steps to prevent foreseeable criminal acts by third parties. When they fail to do so, and someone is hurt, they may be held accountable in civil court.
If you or someone you love suffered an injury due to negligent security measures, you may be able to file a premises liability claim against the property owner. These cases are complex, however, and should be handled by an experienced trial lawyer. Our California negligent security attorney at The Law Firm of Joseph H. Low IV can provide the strong legal guidance you need after an assault. To discuss your case in a free consultation, call us at (562) 901-0840 or toll-free (888) 454-5569.
What Is a Property Owner's Duty of Care Concerning Security?
A property owner’s duty of care to visitors with regard to security will depend on several factors, including the crime rate in the area and any history of crimes occurring on the premises. The standard is often summarized as “what would another, reasonable landlord have done to keep visitors, guests, or tenants safe?” Depending on the circumstances, the property owner may need to:
- Install security cameras
- Put up fences, barriers, and gates
- Install an alarm system
- Use motion-sensor security technology
- Hire security guards
- Provide escorts to and from parking lots
- Upgrade doors, windows, and locks
- Provide better lighting in parking lots
- Use floodlights in darker areas
- Post signs to deter criminals
Types of Crimes Committed Due to Negligent Security
Negligent security makes it possible for many types of times to be committed. Just a few examples include:
- Sexual assault in a parking garage
- Physical assault in a carjacking in a parking lot
- Robbery at gunpoint in an apartment building
- Assault and battery at a concert
- Theft of a wallet in a restaurant
- Rape at an apartment, hotel, resort, etc.
Places Where Negligent Security Occurs
If the security is inadequate, crime can occur on all types of properties and locations, including:
- Grocery stores
- Convenience stores
- Bars
- Restaurants
- Hospitals
- Nursing homes
- Amusement parks
- Sporting events
- Shopping malls
- Apartment complexes
- Office buildings
- Parking garages
- Schools and universities
- Airports
- Theaters
- Concert venues
What Must You Prove to Recover Compensation for Negligent Security?
To win a premises liability claim for negligent security in California, you must prove that:
- You were lawfully on the property;
- You were injured by a third party on the property;
- The owner or manager of the property should have known about the potential risk for visitors to the property and failed to provide adequate security; and
- The injuries you suffered on the property would not have occurred if the property owner had provided adequate security.
How Do You Show That the Crime Was Foreseeable?
Negligent security cases focus on third-party criminal acts that were foreseeable and potentially preventable. Not every security precaution is required in all situations. For example, the owner of a bar with a rowdy clientele and a history of violent episodes will need to take stronger measures to provide adequate security than the owner of a small clothing boutique in a nice neighborhood with no history of crime.
To prevail in a claim for negligent security, you must show that the property owner was actually or constructively aware of the risk of the type of crime of which you were a victim. To prove this, you can show that similar crimes have occurred recently in the same business or area. The courts tend to draw a line between violent crimes and property crimes. If businesses in the area have been recently burgled, you may not be able to use that as evidence that rape in a parking garage was foreseeable by the property owner.
Why You Need a Lawyer
Negligent security claims are complex, fact-specific cases. Your best chance of recovering compensation is to have an experienced California personal injury attorney by your side. At The Law Firm of Joseph H. Low IV, we have won hundreds of millions of dollars in settlements and verdicts for our clients. Call us at (562) 901-0840 or toll-free at (888) 454-5569 to schedule a free consultation.