Have you been the victim of a crime while on another person’s property and suffered serious injuries? You may be able to recover compensation from the person who owned the property where you were harmed. Property owners have a responsibility to make sure that you will be safe when you visit their home, place of work, or business. This includes implementing adequate security measures to prevent any dangerous criminal conduct. When a property owner fails to have adequate security for their property they can be liable for injuries that occur. Speak to personal injury lawyer Richard Morse to learn more about how you can hold a property owner responsible for their negligent security.
What is Negligent Security?
In California, premises liability laws require property owners to make sure that their properties are safe and free from the threat of harm. This involves taking care of dangerous conditions on the premises and taking steps to prevent any foreseeable harm. If a property owner knows (or should know) that dangerous criminal behavior could occur, and they fail to take steps to prevent that behavior, they can be liable for your injuries.
Specifically, a property owner can be liable for your injuries if:
- They own a business that is open to the public or are a landlord;
- They fail to protect patrons, guests, or tenants from another person’s harmful conduct on his/her property;
- If that property owner can reasonably anticipate this harmful conduct.
This does not mean that all business owners and landlords are required to hire around-the-clock security and install state-of-the-art security systems. Instead, business owners and landlords must protect against threats that they can reasonably anticipate. If a business owner or landlord knows that crime is an issue in the area, and fails to take some measures to protect patrons, guests, or tenants from harm that could occur, they may be liable for negligent security. For example, when a property owner knows that crimes are regularly committed in the area or owns the type of establishment that is frequently the target of crime, they would be required to take certain steps to prevent criminal conduct on their property.
Types of Negligent Security Claims
Premises liability cases involving negligent security are complicated. When does a property owner have a duty to provide security? How can a property owner reasonably anticipate criminal or harmful third-party conduct? Is there a level of security that must be initiated to prevent liability? These questions are all essential to a negligent security case. At Injury Trial Lawyers, APC, our attorneys have more than 35 years of combined experience handling these complex claims. We have successfully helped clients recover compensation in negligent security cases involving:
- Improperly trained staff and security;
- Lack of security personnel;
- Negligent hiring;
- Inadequate lighting;
- Lack of security cameras;
- Inadequate locks, gates, and doors; and
- Inadequate parking lot security and lighting.
Why Should I File a Negligent Security Claim?
California premises liability laws exist to make sure that business patrons, guests, and tenants will not be harmed when they visit another person’s property. These laws do not impose hardships on business owners and tenants, but rather require them to keep an eye on their property and prevent foreseeable harm. When a business owner or landlord breaches the duty they have to their guests they should be held financially accountable if an injury occurs.
Filing a negligent security claim will have two purposes. First, it will allow you to recover the money you need and deserve following your unexpected injury. Injuries suffered in a criminal attack can be extremely serious, and even life-threatening in some situations. An injury may require extensive medical care and force you to miss time at work. If your injury is particularly severe you may find that you can no longer fully do your job and have a reduced earning capacity. The damages you recover from a personal injury lawsuit can help to compensate for these (and other) costs.
Second, filing a negligent security claim is a way to keep others safe in the future. When a landlord or business owner is faced with a lawsuit for negligent security they will take steps to make sure that nothing like your incident happens again. This will help to protect future patrons, guests, and tenants from future harm.
When Can I File a Negligent Security Claim?
When you suffer an injury due to a property owner’s negligent security you will have a limited amount of time to file a claim for damages. In San Diego, the statute of limitations for personal injury claims is two years from the date of your injury. If you do not file a claim within this two-year window you will (generally) be prohibited from getting the money you need.
There are certain exceptions to this stringent two-year statute of limitations. The statute of limitations in your San Diego negligent security case may be extended if:
- The at-fault party is in prison or out of the date;
- You were under the age of 18 at the time of the injury; and/or
- There was a reasonable delay in the discovery of your negligent security-related injury.
If you have been injured on government property and want to recover compensation from the city of San Diego or San Diego County there is a different set of procedural rules that must be followed. You must file an administrative claim with the government itself within 6 months of your injury. The government will review your claim and either agree to compensate you or deny your request. If the request is denied you will have an additional 6 months to file a civil claim.
Experienced San Diego Negligent Security Attorneys
Have you suffered an injury because of a property owner’s negligent security? If so, you may be entitled to recover monetary compensation from that property owner. Contact Injury Trial Lawyers, APC today to learn about how we can help to make sure that you are properly compensated after this traumatic event. We will thoroughly investigate your case, determine where the property owner failed to provide adequate security, and fight to maximize the award you receive.
We offer our legal services on a contingency fee basis. This allows you to focus your resources on your day-to-day life and recovering from your injuries. We will only get paid when we secure a settlement or award in your case. Call today to schedule a free consultation with one of our San Diego negligent security attorneys.