Innocent people fall victim to crime all over California every day. Many of these crimes may be subject to prevention if adequate security had been provisioned. Property owners are responsible for protecting people from a multitude of external hazards, including assault and battery. They can be held liable for safety negligence if they do not take proper precautions or alert visitors to dangerous situations. Our personal injury lawyers at Amerberg Law Group stand ready to defend victims of crime who are affected by the owner's failure to provide adequate security provisions.
What is Negligent Security?
In California, property owners and state-owned business owners have a legal obligation to protect their customers from damages that can reasonably be foreseen. This obligation compels them to take reasonable precautions to protect their clients, guests, and/or tenants from the harmful actions of others if such behavior could be a responsible decision.
In other words, property owners are responsible for protecting their visitors from potentially harmful actions by third parties. If the property owner is aware of or should be aware of the notion that criminal and/or harmful acts may be taking place on the premises of his or her lawfully owned property, he or she should take proactive measures and steps to protect visitors who may be harmed as a result of such illicit activities.
What security breaches are considered negligent?
Once we show that the property owner has a latent responsibility to take care of the victim, we can claim damages for any damage caused by violent interactions, including:
Our negligent safety attorneys in Los Angeles have significant experience in protecting the victims of negligent security injuries. In addition to physical harm, we know that an attack may have long-term psychological consequences such as melancholy, insomnia, nightmares, anxiety attacks, or constant feelings of anxiety or excitement. Medical expenses, psychiatric expenses, loss of wages, physical or mental disability, and pain and suffering are some of the losses we will pursue in cases of negligent safety.
Inability to Prevent Criminal Acts
Property owners are considered negligent in California if they fail to make reasonable efforts to protect their property from alleged criminal behavior by others. Property owners may be required to offer additional securities if there have been crimes, robberies, or bar fights in the history of their business establishments or in the vicinity of that business. In some cases, the threat of criminal prosecution may be considered foreseeable.
Each situation is unique and requires a separate individualized assessment. Cases involving careless security are difficult to win. Success requires a comprehensive understanding of California's real estate liability law, knowledge of how to do business, and resources to obtain the best possible results.
Determining Liability in Premises Liability Cases
The plaintiff must have suffered injuries due to the negligence of the owner of the property or other illegal actions to extend the liability for the premises. Unless there are exceptional circumstances, liability for premises usually does not extend to workers' compensation claims. On the surface, it may appear that the responsibility for the shipment is simple. If a visitor trips down a damaged staircase the homeowner or property owner previously knew about this damaged staircase but was unable to repair or warn the visitor of the damage, the property owner could be held liable. While responsibility for the premises seems straightforward in this situation, it is often much more nuanced and complex.
Even if the store owner does not legally own the sidewalk, the business owner is required to keep it free of snow and debris. For example, in the case of liability for the premises of third parties, the owner of the construction site may be held partially liable for a crime committed against another person while on his territory, even though they did not conduct the crime themselves.
Premises liability suits
The main components of a claim for liability for premises require the plaintiff to prove that the injured party suffered damages as a result of the defendant's handling of the property. In particular, the applicant must demonstrate:
In a California property liability claim, compensatory damages may include:
It is not always easy to decipher and identify who is responsible for someone else's property and, therefore, who is to blame and who is to be held liable. There may also be multiple parties at play that share ownership and liability claims. A Los Angeles premises liability attorney can help clarify these layered difficulties.
CONTACT A VERIFIED ATTORNEY RIGHT NOW
If you or a loved one is seriously injured on someone else's property, do not hesitate to contact the Amerberg Law Group premises liability attorney Los Angeles. Our attorneys understand how stressful it can be to seek compensation from a negligent homeowner or management. They can provide you with the best legal insight, support, and professional guidance in your greatest time of need.