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- Legal Options: Negligent security claims in Los Angeles, California, allow for compensation if injured due to inadequate security on a property, hinging on the property owner’s duty to prevent foreseeable criminal acts.
- Incidents: Assaults, thefts, shootings, and other criminal activities resulting from poor security can lead to claims, emphasizing the importance of property owners to implement and maintain effective safety measures.
- Liability: Successfully proving a claim involves showing a duty of care, breach of duty, foreseeability of the crime, causation of harm due to inadequate security, and actual damages suffered by the victim.
- Support: Victims of negligent security should consult with experienced lawyers at Callahan & Blaine to navigate the complex legal process, gather evidence, and advocate for their rights to compensation and justice.
- Call us at 714-241-4444 or fill out a contact form today for a consultation.
Negligent security claims are predicated on the idea that property owners are legally obligated to provide a reasonably secure environment for visitors and residents. This duty encompasses the responsibility to protect against foreseeable crimes and violence by implementing adequate security measures. If you have been injured or harmed due to a business’s or property’s negligence, you may have legal avenues to seek compensation for the damages you suffered.
You deserve to feel safe and protected when enjoying a day or night out. The LA negligent security lawyers at Callahan & Blaine have over 700 years of trial experience combined and a reputation for success. We handle all aspects of your claim, including holding liable parties accountable for the injuries you suffered and supporting you through this challenging time so you can move forward.
What Are Negligent Security Claims?
Under California Civil Code § 1714, negligent security claims are a subset of premises liability law that allows individuals to seek compensation if they have suffered physical and emotional losses on someone else’s private or public property due to insufficient security. These claims arise under the principle that property owners owe a duty of care to ensure the safety of those who are on their premises. This duty includes the responsibility to protect against foreseeable criminal acts by implementing reasonable security measures.
Negligent security claims can encompass a wide range of scenarios, from assaults in poorly lit parking lots to thefts in hotels with inadequate security systems. The key element in these claims is the foreseeability of the crime or harmful act. If a property owner could reasonably anticipate a risk of criminal activity and fails to take steps to prevent it, they may be held liable for injuries or losses that occur as a result. If you have been injured or harmed due to property owner or business entity negligence, speak with the LA negligent security lawyers of Callahan & Blaine to understand your legal options.
7 Types of Incidents That May Lead to a Negligent Security Claim
Negligent security claims can arise from a variety of incidents where inadequate security measures on a property lead to harm or injury. These incidents often involve criminal acts that could have been prevented or mitigated had the property owner taken reasonable steps to ensure the safety of those on their premises.
The following are some common scenarios that may lead to negligent security claims:
1. ASSAULTS AND BATTERIES
Physical attacks, whether between patrons of a business or against an individual in a secluded area of a property, are among the most common incidents leading to negligent security claims. Locations with a high risk of such incidents include nightclubs, bars, parking lots, and apartment complexes.
2. ROBBERIES AND THEFTS
Properties that fail to implement adequate security measures may become hotspots for thefts and robberies. This is particularly true for retail establishments, hotels, and residential buildings without secure entry points or sufficient surveillance.
3. SEXUAL ASSAULTS
Incidents of sexual assault on properties lacking proper security measures, such as insufficient lighting or lack of security personnel, can result in negligent security claims. These incidents occur in various settings, including educational institutions, hotels, and office buildings.
4. SHOOTINGS
Gun violence in areas where security measures are lacking, such as shopping malls, schools, or public events, can lead to claims against the property owners or event organizers for failing to provide a safe environment.
5. STABBINGS
Similar to shootings, stabbings that occur in areas without adequate security surveillance or personnel can lead to legal action for negligent security, especially in locations known for high crime rates.
6. PROPERTY CRIMES
Vandalism, arson, and other property crimes are also grounds for negligent security claims if it can be shown that better security could have prevented the acts.
7. KIDNAPPINGS OR ABDUCTIONS
Incidents of kidnapping or abduction from a property lacking adequate surveillance or security checkpoints can result in claims against those in charge of the premises.
Property owners must regularly assess and address potential security vulnerabilities. The LA negligent security lawyers of Callahan & Blaine are well-versed in these types of complex claims and may build a strong case on your behalf to prove liability and seek the justice you deserve.
Determining Liability in a Negligent Security Claim
To successfully bring a negligent security claim in Los Angeles, California, victims must demonstrate several key elements:
- Duty of Care: Negligent security victims must show that the opposing party owned, leased, occupied, or controlled the property and thus owed a duty of care.
- Breach of Duty: Negligent security victims must prove that the opposing party failed to provide adequate security measures. This could involve showing that the lighting was insufficient, security personnel were absent or untrained, or surveillance systems were non-functional or inadequate.
- Foreseeability: Your negligent security lawyer must establish that the criminal act was foreseeable. This does not mean that the specific crime itself had to be predicted but that the general type of incident was a foreseeable consequence of the lack of security.
- Causation: There must be a direct link between the lack of adequate security and the injury suffered. Negligent security victims must show that the injury would not have occurred if proper measures had been in place.
- Damages: Finally, victims must have suffered actual damages, such as physical injuries, emotional distress, or financial losses, as a result of the incident.
California law recognizes the complexities of proving foreseeability and causation in negligent security claims, offering a nuanced approach that balances property owners’ rights with the protection of individuals on their property. Courts often consider factors such as the history of similar crimes in the area and the property owner’s knowledge of such risks in determining liability.
Notably, the outcome of negligent security claims can be significantly influenced by the specifics of each case, including the nature of the property, the type of crime, and the actions taken by the property owner to prevent such incidents. Legal standards and expectations for what constitutes “reasonable” security measures can vary, making the guidance of experienced legal counsel essential for victims seeking compensation for injuries.
Speak With the Los Angeles Negligent Security Lawyers of Callahan & Blaine
If you have been harmed due to inadequate security on someone else’s property, you may have legal options to pursue compensation for injuries and losses. Navigating the complexities of negligent security claims requires in-depth knowledge of California premises liability law and a comprehensive approach to proving negligence and causation. Working with the experienced personal injury lawyers at Callahan & Blaine offers invaluable guidance, from conducting a thorough investigation of the incident and gathering essential evidence to negotiating with insurance entities and representing your interests in court.
Our legal team provides you with legal support and peace of mind, allowing you to focus on recovery while we work to secure the compensation you deserve. We have an extensive track record, including the largest jury verdict in Orange County history. Call us at 714-241-4444 or fill out a contact form today for a consultation.