Feeling safe when you shop at a mall, sleep at a hotel, or enter your apartment complex is a top priority for most people, especially in today’s climate. No one wants to constantly worry about being attacked or robbed when they are visiting a public place. In instances where people are attacked when the danger could have been prevented with proper security, a lawsuit is possible.
There are duties that property owners have for their guests or residents that, when breached, make them liable for damages. Luckily, the negligent security attorneys of Triumph Law, P.C. are here to protect your rights and help you win compensation.
Explore how our firm can help you take actionable steps to hold the owner accountable, prevent future attacks, and get you the money that you justly deserve. Contact our personal injury lawyer today.
Understanding How Lack of Security Violates Premises Liability Law
Specifically stated in the Judicial Council of California Civil Jury Instructions (CACI No. 1005), a reasonable level of security must be provided by property owners to safeguard guests against harm that could be foreseen from criminal activity by third parties.
The responsibility for security is based on the particulars of the property and the expected types of visitors. A high-crime neighborhood, for instance, might need a higher level of security than a low-crime area, similar to how a building that is accessible to the public around the clock could need more protection than a building that is only open during regular business hours.
A property owner may be held accountable for damages if inadequate security measures are not implemented and a visitor suffers harm as a result. Examples of inadequate security measures include:
- Parking lots and pathways without enough lighting
- Not having doors or windows properly secured
- Failure to have adequately working or maintained security cameras
- Inadequate screening of contractors or personnel with access to the property
- Failing to train security personnel properly or failing to hire enough security personnel
Additionally, owners must take precautions to keep harmful individuals off the property. This includes doing a thorough background check on contractors, residents, and personnel. For instance, if a property owner hires a person with a history of violent crimes or sexual assaults, the property manager may be responsible if a visitor is injured in an attack.
How to Prove Fault If You Are Hurt or Robbed at a Property
In order to prove premises liability, as the injured party, you must demonstrate that:
- The property owner had a duty of care toward you since you were a visitor or authorized to be there
- That the owner’s duty of care was neglected by their failing to maintain safe conditions on the property or failing to alert visitors to known hazards
- Your injury resulted from their duty violation
- You also incurred non-financial or financial damages because of the injury
If these criteria are met, you are likely eligible to receive compensation that could cover a myriad of your accident-related costs.
Recoverable Damages in an Inadequate Security Injury Case
If your claim for negligent security is successful, you may be entitled to economic and non-economic damages. A knowledgeable negligent security attorney from our firm can assist you in obtaining compensation for the full scope of your damages. Depending on the details of your case, you might be qualified to receive monetary compensation for:
- Damage or loss of property
- Receiving emergency room care
- Medical expenses for medicine, medical equipment, and ongoing medical care
- Mental health counseling
- Lost income and reduced earning capacity
- Pain and suffering
- Permanent disability
- Scarring or disfigurement
- Wrongful death
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How Our Negligent Security Lawyers Secure Your Win With Evidence
When a victim of negligent security retains our legal services, we begin gathering and reviewing evidence, including:
- The locks, lights, alarms, and cameras that are present on the property grounds
- Records of inspection and upkeep for specific types of security apparatus, such as locks, cameras, and security alarms
- Reports of criminal activity, such as assaults, break-ins, and other crimes, for the property and the neighborhood
- Individual police report on the offenses that were committed on the property or nearby
- Internal records, such as reports on attacks or suggestions for enhancing security made by a security consultant
- Interviews with authorities, security, witnesses, or other tenants
To demonstrate liability and the amount of damages to seek on your behalf, our inadequate protection attorneys may also speak with security experts, forensic experts, medical professionals, life-care planning specialists, and others in addition to gathering evidence.
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Time is of the Essence For Your Inadequate Security Personal Injury Case
In California, the statute of limitations is typically two years from the date of the harm in cases involving negligent security. This means that a party who has been harmed by a property owner’s faulty security measures must file a lawsuit within two years of the date of their injury.
There are a few exceptions to this general rule, though. The statute of limitations may be tolled or extended, for instance, if the aggrieved party is a juvenile or has a condition that prevents them from bringing a claim within the two-year window.
It is important to remember that, depending on the particulars of the case, the statute of limitations may change. It is advised that anyone who thinks they may be able to claim negligent security consult with an experienced attorney.
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Get Quality Legal Aid From Our California Negligent Security Lawyers
You have the right to pursue justice and compensation if a property owner’s negligence caused you or a loved one to sustain injuries during an attack. Your rights will be zealously protected by the negligent security legal team of Triumph Law, P.C., who will also give you the highly individualized representation you require. Schedule a free consultation with our California offices by contacting us today.
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