When a violent act causes injury to another person, the person committing the crime bears responsibility. At the same time, the property owner of the premises where the crime occurred may also be held responsible by a Carlsbad negligent security lawyer for the victim’s injuries in what is known as a negligent security claim. While we cannot control the actions of others, especially violent criminal actions, we can take steps to ensure that proper security measures exist on our premises so as to prevent robberies, assaults, and other violent crimes from occurring in the first place.
If you were the victim of a crime in a parking lot, parking garage, or otherwise on the premises of a business in San Diego County, you may be able to file a negligent security claim. You should discuss your case with a negligent security lawyer as soon as possible.
Premises Liability Law and Negligent Security CasesNegligent security cases are one type of premises liability lawsuit. How does California law attribute liability to business proprietors and landlords for the intentional criminal conduct of a third party? Under California law, an owner of a business that is open to the public, as well as a landlord of a building, is required to use reasonable care to protect patrons, guests, and tenants from a criminal’s harmful conduct on the property if the business owner or landlord can reasonably anticipate that the violent conduct might occur. A negligent security lawyer can advise Carlsbad residents on whether this standard has been violated.
When does the law say that a business owner or landlord might be able to “reasonably anticipate” that violent crime might occur? In most cases, California says that business owners or landlords must take affirmative action—in other words, must take steps to provide additional security measures—when the possibility of violent crime is foreseeable.
To be clear, foreseeability is important. In the case Delgado v. Trax Bar & Grill, the Supreme Court of California clarified that foreseeability typically is “shown by prior similar incidents or other indications of a reasonably foreseeable risk of violent assaults in that location.” When such foreseeability exists, a business owner can be required to provide security guards for the safety of patrons.
Types of Negligent Security ClaimsWhat kinds of criminal acts can result in negligent security cases? Our Carlsbad negligent security attorneys handle a wide variety of claims, including but not limited to:
When business owners or landlords fail to exercise reasonable care in discovering possible criminal risks and to take proper steps, or when they fail to patrons and tenants with warnings about safety risks, those business owners and landlords may be liable in a negligent security lawsuit. Hiring a lawyer experienced in negligent security is crucial.
Contact a Negligent Security Attorney in CarlsbadIf you have questions about filing a negligent security claim, you should discuss your options with a negligent security liability lawyer as soon as possible. At Walton Law Firm, all consultations are free and confidential, and we would be happy to come to you.