When it comes to personal injury claims, negligent security claims on commercial, residential, and industrial properties are common. So, what is considered a negligent security claim in California? These claims arise when an individual suffers harm due to inadequate or insufficient security measures on a property.
Property owners and managers have a legal obligation to ensure the safety of their premises for visitors, tenants, and customers. When they fail to provide adequate security, they can be held liable for any injuries or damages that result from this negligence. Understanding the intricacies of negligent security claims is crucial for both property owners and potential plaintiffs seeking justice and compensation.
Understanding Negligent Security
Negligent security refers to the failure of property owners or managers to implement adequate security measures to prevent foreseeable crimes. This can include a variety of security lapses. A few of the most common examples include:
- Insufficient Security of Entry Points: Unauthorized individuals can discover it easier to enter a property and commit crimes if entry points like doors, gates, or windows are not secured.
- Unsecured Construction Areas: Temporary building sites, construction zones, or infrastructure works sites that are not secured and guarded can become hot spots for criminal activity or theft.
- Broken Fencing or Lack Thereof: Having safe fencing is beneficial in locations where there is a high risk of trespassing or criminal activity.
- No Employee Training: To successfully handle security concerns, workers in establishments such as hotels, hospitals, or major retail outlets need training so they are prepared when dangerous situations arrive and are equipped to prevent them altogether.
- Weak Emergency Communication Equipment: People may not be able to quickly request assistance during a crisis if a property lacks appropriate emergency communication equipment, such as intercoms or panic buttons.
Legal Basis for Negligent Security Claims
In California, the plaintiff must prove that the property management or owner did not fulfill their legal duty to maintain a safe environment in order to establish a negligent security claim. This means establishing several crucial points in court or during the settlement process.
The plaintiff must first establish that the property owner or manager owed them a duty of care. This duty typically occurs when something or someone is in charge of managing, owning, or maintaining a piece of land that is accessible to the general public.
Subsequently, the plaintiff needs to demonstrate that the property owner or manager failed to fulfill their obligation by failing to implement appropriate security measures. The plaintiff then has to prove causation, proving that their injury was caused directly by inadequate security.
Common Scenarios Leading to Negligent Security Claims
Negligent security claims often arise in various scenarios where inadequate safety measures lead to preventable crimes. These claims highlight the responsibility of property owners to protect individuals from foreseeable dangers. Here are a few common situations where negligent security claims can occur:
- Assaults and Robberies: The victims of physical attacks — whether muggings or other acts of violence — can claim that a higher level of security could have prevented the assault.
- Sexual Assaults: If there is poor lighting, lack of surveillance, and areas of the streets are not monitored, then sexual assaults could occur.
- Theft and Vandalism: When there is a lack of security, buildings and structures can get damaged, and people’s cars/homes can get broken into.
Defenses Against Negligent Security Claims
Property owners and managers may raise several defenses against negligent security claims. If they attempt to shift blame away from them, we can help you fight against it. A few of their common arguments include:
- Unforeseeable Crime: Arguing that the crime was not foreseeable and could not have been prevented by reasonable security measures.
- Comparative Negligence: Claiming that the plaintiff’s own actions contributed to their injury, which can reduce the compensation amount.
- Adequate Security Measures: Demonstrating that reasonable security measures were in place and the incident occurred despite them.
FAQs
Q: What Is the Negligent Security Law in California?
A: The negligent security law in California holds property owners and managers accountable for failing to implement adequate security measures to prevent foreseeable crimes. Property owners owe their tenants, visitors, and customers safety. Legally, this is called a “duty of care.” If this duty is breached and results in harm, the property owner or manager may be liable for damages.
Q: What Constitutes Negligence in California?
A: To prove negligence in California, the plaintiff would need to show that a reasonable person in a similar position would have acted differently, that the individual failed to use reasonable care to prevent harm to others, and that this failure to act caused real injury to the plaintiff.
Q: What Are the Elements That Constitute a General Negligence Cause of Action in California?
A: In California, a general negligence claim must contain the following elements: (1) duty of care, meaning the defendant owed the plaintiff a legal duty; (2) breach of duty, meaning the defendant failed to act as a reasonably prudent person would have done; (3) causation, meaning the plaintiff’s injury was directly caused by the defendant’s breach of duty; and (4) damages, meaning the plaintiff actually suffered harm or losses as a result.
Q: What Is the Comparative Negligence Rule in California?
A: California follows the comparative negligence rule in assessing fault among all parties involved in an incident. The plaintiff’s compensation is diminished by the percentage that they contributed to their own injury. As a result of the comparative negligence rule, a plaintiff can recover damages even if he/she plays a partial role in the harm. However, the size of their recovery will be reduced according to their level of responsibility for the harm.
Contact a California Negligent Security Lawyer
Recognizing when dangerous conduct by a property owner qualifies as a negligent security claim is important for both property owners and potential plaintiffs. Negligent security claims encourage property owners to take reasonable steps to prevent foreseeable crimes from occurring at their properties so that people do not get hurt on their watch.
If you believe negligent security played a role in your or a loved one’s injury (or death), you can pursue a claim by proving the property owner’s lack of security. Our experienced personal injury attorneys at Easton & Easton are available to help you seek justice, recover the damages you deserve, and ultimately create a safer climate for everyone.
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