Negligent Security Law FAQs
What is “Negligent Security”?California’s negligent security laws require landowners to keep their properties safe for visitors, including taking steps to prevent foreseeable criminal acts of third parties. In other words, if you were assaulted because of a lack of security on the property, you may be eligible to receive compensation. Likewise, if security is available but inadequate–for example, if violent crimes have occurred on the property in the past but no action was taken to prevent them in the future–the property owner can also be held liable. Examples of negligent security include:
- Poor lighting
- Broken locks on doors, gates, and windows
- Lack of security cameras or alarms
- Inadequate emergency exits
- Untrained or poorly trained security guards
When Can I File a Negligent Security lawsuit?In order to win a negligent security lawsuit, you will need to prove the following:
- You were on the property lawfully.
- You were injured on the property by a third party.
- The property owner should have known about potential risks to visitors to their property and failed to provide adequate security.
- Ex. 1: A business in an area with a high crime rate should know that visitors may be at a higher risk of armed robbery.
- Ex. 2: A bar with a reputation for “rowdy” clientele should know that visitors may be at a higher risk of assault.
- Your injuries would not have happened if the property owner had provided adequate security.
What Steps Should I Take After an Attack on Commercial Property?If you’ve been attacked on commercial property, getting compensation can be a complicated process. Several parties may be liable for your injuries, including the property owner, management company, and security company. Additionally, there may be an ongoing criminal investigation against the assailant. To maximize your chances of getting compensation, follow these steps:
- When possible, get someplace safe.
- Call 911 and file a police report.
- Seek medical attention as soon as possible, and alert the medical staff you are a victim of a crime before you are treated.
- Contact a premises liability law firm such as Berg Injury Lawyers.