A premises liability case involves an injury or accident that occurs on someone else’s property because of negligence. If a person owns a business or property, it’s their responsibility to keep it safe so the public doesn’t get hurt. This includes warning people of possible dangers and doing all they can to maintain safety and security.
If, for example, you were involved in a situation where a lack of adequate security led to harm or injury, you would need to establish a negligent security claim to determine liability. Proving negligence in a premises liability case can be challenging, which is why having experienced legal representation is crucial. At The Law Offices of Jacob Emrani, our knowledgeable premises liability lawyers are well-versed in California law. We are dedicated to ensuring that your medical expenses and other relevant costs are appropriately addressed.
Understanding Negligent Security
A business or property owner is responsible for making their property safe for people invited onto it, those present for a social function or other reason. They must take reasonable care to remove hazards and provide warnings.
What is negligent security? In short, if criminal activity like assault happens to you on someone else’s property because they neglected to provide reasonable security measures to keep you safe, you may have a case. This might include not installing security cameras, lighting, locks, barriers, or security systems in areas where required or not providing appropriate training to the security staff on duty.
Elements of a Negligent Security Claim
Negligent security claims fall under premises liability cases. The defendant must be the actual owner, lessee, or occupier of the property, and they were directly negligent, which resulted in your injury on their premises. There must be proof that the injury was due to the defendant being aware of the issue and failing to take steps to solve the problem before the injury occurred.
The key elements of a negligent security claim are:
- Lack of sufficient security, with the property owner breaching their duty to provide adequate security measures
- The foreseeability of the crime that occurred
- Proof that the inadequate security caused the harm you suffered
- Damages like medical bills, lost wages, or pain and suffering occurred as a result of the criminal activity
Negligent security claims involve demonstrating that the property owner knowingly neglected to implement necessary safety measures, such as adequate security protocols. Essential to this process is the role of an expert witness who can provide valuable insights and assessments regarding security standards and potential risks. Moreover, it is critical to establish that the property owner should have anticipated criminal activity and to illustrate how substandard security measures directly led to the resulting harm and damages.
Factors Contributing to Negligent Security Claims
Some factors that would contribute to a negligent security lawsuit include the following:
- Whether there is evidence of previous, similar criminal activity on the premises, especially if it has happened recently
- Whether the security measures taken are considered sufficient and reasonable for the type of property and where it’s located
- If the property is in a state of disrepair that would affect public safety, such as unlocked or broken windows and doors or damaged security cameras
- If it’s provable that the property owner knew about potential dangers and did not address them within a reasonable timeframe
- You must have suffered harm as a result of preventable criminal activity
Each case is unique. We’ll look at your case along with the location and reports of criminal activity, to determine the property owner’s liability.
Legal Considerations in Negligent Security Cases
Some legal considerations we’ll consider when looking at your case include the following.
Proof of negligence
One of the most important pieces of a negligent security case is the proof of liability. It must be shown that the property owner failed to provide the appropriate level of security and that these actions directly led to the crime.
Proof of foreseeability
The more proof that the criminal activity was foreseeable, the better. Evidence includes recent police reports, security footage, and other proof that reasonable efforts to install security measures were not provided.
Actual damages
Damages include both economic and non-economic losses you’ve sustained due to your injuries, such as pain and suffering, loss of wages due to missed work, medical bills, the cost of ongoing physical therapy, and more.
Steps To Take if You Are a Victim of Negligent Security
If you’ve been a victim of negligent security, we’re here for you. The first steps you should take are:
- Get medical attention right away — your safety comes first.
- Preserve your damaged property, including the clothes you were wearing, if possible.
- Get the contact information of eyewitnesses.
- File a police report and request a copy.
- If possible, take photos of where the incident took place that show the lack of security.
- Obtain your medical records after the incident, and keep all bills, receipts, and other paperwork.
- Get legal guidance from an experienced negligence lawyer as soon as possible.
Contact the Law Offices of Jacob Emrani for help today, and we’ll get back to you with expert advice you can trust. Once we get the details of your case, we can estimate how much it’s worth, answer your questions, and help you start the process of ironing out the required paperwork and other important details relevant to your case.
Types of Compensation in Negligent Security Claims
A property owner who does not maintain the safety of their property, reasonably mitigate hazards, and provide adequate warning about dangers is legally and financially responsible for the harm caused to people who are injured as a result of their inaction. Depending on the details of your case, here are some of the types of compensation we may seek.
Medical expenses
Your medical expenses go beyond your initial doctor’s visit. You may need ongoing compensation for ambulance rides, hospital stays, prescription medications, rehabilitation, surgery, diagnostic tests, and ongoing health care, among other costs related to the incident.
Pain and suffering
In legal terms, “pain and suffering” is any non-economic or intangible damages caused by the injury, including emotional distress, physical pain, and limitations you face in regular daily activities that cause a negative impact on your quality of life.
Lost wages
When a person has to miss work due to their injury, they lose wages at no fault of their own. You may seek compensation to replace the income you were unable to earn while recovering. This provides you with the income you would have earned if the crime had not occurred.
Property damage
Property damage is any harm caused to your personal belongings due to the defendant’s negligence. You can file a legal claim to recover compensation for repair or replacement costs. If your property was damaged, keep track of the damage with photographs, repair estimates, or any other evidence you can retain.
Contact The Law Offices of Jacob Emrani Today
The Law Offices of Jacob Emrani serve the Los Angeles area with the highest quality legal representation. Our highly experienced team of lawyers is here to fight for your rights. We’ll do everything in our power to help you win the maximum financial compensation you deserve after a personal injury due to negligent security.
If you need to speak to a lawyer about a negligent security claim, call (888) 912-7115 to set up your no-cost case evaluation.