In the United States, an average of more than 1 million violent crimes are committed each year. A significant number of these crimes occur because of a lack of security. If you’ve been a victim of poor or inadequate security, you might want to hire a negligent security lawyer.
WHAT IS NEGLIGENT SECURITY?
Negligent security is also known as inadequate security or premises security. This is a legal cause of action brought against a property owner when an individual suffers harm due to a lack of reasonable security.
Negligence security falls under the broader umbrella of premises liability law. Premises liability is a law that holds property owners accountable for any accident or injury on their property. Since negligent security focuses on the property owner’s duty to keep building occupants safe, it is considered a subset of premises liability law.
EXAMPLES OF NEGLIGENT SECURITY
There are many different types of negligent security breaches. Below are some everyday examples of inadequate security.
Poor lighting: Inadequate or missing lighting increases the risk of people falling and injuring themselves. Intruders can also hide more efficiently and move undetected, leading to more assaults and robberies.
Lack of security guards: Trained security guards can be important to deter criminals and protect visitors.
Inadequate security systems: Missing, malfunctioning, or insufficient security equipment, such as cameras and alarm systems, will make a property vulnerable to trespassers and criminals.
Unlocked gates: Unlocked security doors and gates will allow unauthorized people to easily access the property, increasing the risk of crime and injury.
Blocked emergency exits: Blocking or obstructing exit routes trap people in an emergency situation. This could lead to injuries or fatalities.
PRIVATE VS PUBLIC PROPERTY: CAN I SUE?
Negligent security claims can apply to both private and public properties.
In cases where harm or injury occurs on private or public property, individuals can take legal action to seek compensation for their suffering.
However, different laws and regulations may apply if you get hurt on public property. In cases where the property owner is a state agency, governmental agency, county, or city, you must provide a notice of claim before you sue. Furthermore, holding a government agency or entity to account for negligent security may come with other legal complications.
WHAT PROOF DO I NEED?
In negligent security cases, it is necessary to establish causation for liability. Additionally, several factors must be proven to seek damages for inadequate or negligent security.
A negligent security lawyer will help you gather the appropriate evidence and build a strong case. To win your negligent security lawsuit, you must prove that:
- The law required the property owner to provide adequate security.
- The liable party breached their duty of care.
- You suffered injuries or financial damages
- Your damages occurred as a result of inadequate security
COMMON INJURIES SUSTAINED DUE TO INADEQUATE SECURITY
While on someone else’s property, there are many ways to sustain an injury. These injuries can have both physical and emotional consequences. Common injuries you could sustain due to inadequate security include:
- Bone fractures
- Punctures and lacerations
- Scarring
- Amputation
- Physical impairment
- Head injuries and brain trauma
- Spinal cord injuries
- Soft tissue damages
- Gunshot wounds
These injuries will not only harm the body but also the mind. The trauma, pain and time spent in hospital can affect your mental health. This could lead to anxiety, depression and other lasting psychological impacts. In some cases, negligent security can lead to death.
POTENTIAL COMPENSATION
Victims of negligent security lawsuits might recover compensation for their economic and noneconomic damages. Generally, the prize awarded will depend on the injuries sustained and the potential harm the victim will likely suffer. Everyday things you can be compensated for in a negligent security case are:
- Current lost wages
- Medical care costs
- The cost of future medical treatment
- Loss of earning capacity
- Pain and suffering
- Wrongful death
- Punitive damages
CAN I SUE FOR NEGLIGENT SECURITY IN EVERY STATE?
Negligent security is applicable in almost every state in the U.S. However, the laws and the statute of limitations may vary considerably from state to state. Also, standards for negligent security might look different for each state. Before filing a lawsuit, be sure to consult with a negligent security attorney.
CALIFORNIA LAWS REGARDING NEGLIGENT SECURITY
In California, property owners are legally obligated to keep their premises safe from dangerous conditions. This includes taking reasonable measures to prevent foreseeable criminal conduct by third parties. As such, businesses and property owners are required by law to provide adequate security.
What constitutes “proper security” and “reasonable care” depends on factors like the size of the business and the associated risks. In the end, each negligent security claim in California is assessed individually.
Generally, the California statute of limitations on negligent security cases for private property is two years. However, for injuries occurring on public property, you must file a claim within six months of the damage.
HOW TO ENSURE ADEQUATE SECURITY AS A PROPERTY OWNER
Property owners have a duty of care to maintain a safe environment. To protect yourself and your business, take reasonable steps to protect the health and safety of residents and guests. You can ensure adequate security by:
- Keeping the property well-lit
- Installing appropriate security cameras and alarms
- Hiring security guards when necessary
- Warning visitors about crime activity through clear and conspicuous signage
- Double-checking that all locks are operational
- Having physical barriers
- Consulting with law enforcement
CONNECTING WITH A CALIFORNIA LAWYER
Negligent security cases can be complex and challenging to prove. If you find yourself injured due to lack of security, contact a negligent security lawyer today.
An attorney will evaluate your case, explain your options, conduct a thorough investigation, handle all the paperwork and offer competent legal representation.
At Nadrich Accident Injury Lawyers, our lawyers are qualified to bring you justice. Our personal injury lawyers will fight for your rights and help you get the compensation you deserve. Lastly, we are contingency lawyers, meaning you only pay us if you receive financial compensation for your case. Contact us today for a free case evaluation. on form on this page.
