California Negligent Security Lawyers
What Is Negligent Security?
You Are Entitled To Safety and We Will Fight on Your Behalf
Citizens are entitled to safety when they visit other properties. When an accident or injury occurs as the result of insufficient protection against potential harm, this is called “negligent security.” As a subsection of premises liability law, property owners are subject to legal prosecution if their failure to provide a safe environment resulted in a crime or accident.
What Qualifies as Security Negligence?
Suffering an injury can be expensive and life-changing. This is why negligent security claims exist—to ensure safety and prevent future incidents from happening.
Some of the most common physical injuries that result in these types of cases include:
- Cuts or bruises
- Permanent scars
- Brain injuries or head trauma
- Limb amputation
- Internal Injuries
- Broken of fractured bones
- Sexually transmitted diseases
- Depression or anxiety
- Death
Notice that you can file a claim for physical or psychological trauma from the incident. These types of injuries usually come from intense, violent crimes like:
- Robberies
- Assaults
- Bar fights
- Shootings
- Stabbings
- Car jacking
Types of Negligent Security
It is a property owner’s responsibility to minimize the risk of security-related incidents. This means that the facility must include important security equipment which is properly maintained and functional.
When an accident occurs on the property, there are many contributing factors that fall under negligent security claims, including:
- Insufficient lighting
- Lack of security guards
- Poorly maintained property
- Broken equipment (locks, fencing, gates, cameras, alarms)
- Missing or inadequate security cameras or alarms
- Insufficient or blocked emergency exits
Negligent security claims apply to both public and private property. This can include homes, parking lots, stores, apartment buildings, transportation centers, restaurants, bars, and more.
The difference for public and private negligent security claims is how they are filed, processed, and handled. For example, an incident on government property usually requires a notice to be filed to the government. This action would precede any legal filings. Overall, premises liability laws vary between states, so some cases may require additional steps:
Proving Negligence
These cases are oftentimes difficult to navigate because there are more factors besides the property’s safety to consider. If there is a defendant who committed a crime like murder or assault, the question has to be raised of whether the property owner’s lack of security measures contributed to the likelihood of the incident.
There’s also the definition of “security,” which varies from property to property. For example, it may not be reasonable to require private homeowners to have cameras installed, but for a store or restaurant it might. Another good example is the use of security guards.
Most restaurants and stores don’t require security guards, but other businesses might. Bars or nightclubs have a legal responsibility to ensure a safe environment for patrons (which includes regulating alcohol consumption). When intoxication is a factor to consider, it becomes necessary to have security guards who can maintain a level of safety in the building.
This is the same for government buildings. Most of them have screening areas at the front doors. They do this because it reduces the risk that people dealing with legal issues will take matters into their own hands. It protects the government officials who are responsible for enforcing the laws.
When it comes down to it, you can prove security negligence if:
- There are no security measures in place.
- Any injuries or deaths are the direct result of security issues.
- The security measures in place do not work.
In some cases, incident predictability may also play a role. For instance, if a robbery has occurred at a gas station before because of the area that it’s located in, then it’s easier to argue the owner’s duty to provide security cameras or protective barriers.
You May Have a Negligent Security Case
If you or a loved one has suffered an injury, damages, or death due to security negligence, you should hire an attorney to help you make your case. Because of the complexity of this type of litigation, you will need help proving the property owner’s liability.
At James McKiernan Lawyers, we have handled more than 30,000 injury claims in 50+ years. Contact us today to get help filing for the negligent security compensation you deserve.
