San Diego Negligent Security Attorneys
We all expect to feel safe in our homes or when we go to the store, but most of us acknowledge that there is always the risk of being the victim of a violent crime. This is especially true if you live in a neighborhood with a high crime rate or have heard of recent assaults in your area. However, property owners should take any threat to guests and residents seriously by implementing the appropriate security protocols. When they fail to do so, they put every visitor in danger.
If you were injured as a result of negligent security, you may be able to pursue compensation from a property owner. However, negligent security cases are complicated, and most people are not sure if they have one until they speak to a skilled San Diego negligent security attorney. That is why you should not hesitate to contact jD LAW at (760) 630-2000 to schedule a free consultation to discuss your case.
Negligent security is a subset of the legal area of premises liability, which often involves claims for damages against property owners who put residents, guests, and visitors at risk of serious injury. Among these cases, negligent security is the most complicated, as the source of the injury is not necessarily the property owner. Instead, plaintiffs are injured as the result of a violent crime, such as an assault, mugging, or rape. While plaintiffs can reach out to the California Victims’ Compensation Fund to recover some damages lost as a result of an attack, they also have the right to hold property owners liable for their injuries if they did not take steps to prevent against such attacks.
Plaintiffs can file claims against both public and private properties if it is determined that the property owner acted negligently. The types of properties that can be subject to a negligent security claim include:
- Parking lots
- Apartment buildings
To have a case of negligent security, the plaintiff must prove that the property owner knew that an assault could take place, or had sufficient reasons to know, and failed to take appropriate action to prevent an assault. This varies depending on the business and neighborhood, as not all property owners are expected to spend thousands and thousands of dollars into security measures. The difference between adequate and negligent security comes down to how the property owner responds to a threat.
If the property is located in an area with a high crime rate or if there has been a series of violent crimes in the neighborhood, then the property owner should take steps to protect customers and residents. Whether it is a string of robberies at gas stations or an apartment building that has been the site of multiple sexual assaults, property owners are expected to provide adequate security measures to respond to these crimes.
Adequate security measures a property owner can take include:
- Hiring certified security guards
- Installing surveillance cameras
- Replacing broken locks on windows and doors
- Utilizing strict locking systems for all entrances, including gates
- Replacing lightbulbs in dark areas, including parking lots
In contrast, instances that would constitute negligent security include:
- A lack of security guards or poorly trained security guards
- A lack of working surveillance cameras
- Broken locks or gates
- Broken lights in hallways, stairwells, and parking lots
If you were assaulted on a property as a result of any of the above acts of negligence, then you may be able to pursue a premises liability claim against the property owner for your injuries. However, negligent security claims involve strict adherence to California laws and guidelines to be successful.
When negligent security cases go to trial, the jury is expected to evaluate the case based on the guidelines of the Judicial Council of California Civil Jury Instructions. Among these instructions are the extensive rules regarding premises liability claims and how a jury should determine if a property owner’s actions can constitute a case of negligent security.
Based on these guidelines, to have a viable negligent security claim, the plaintiff must prove:
- They were on a property legally
- They were injured by a third-party
- The property owner knew or had good reason to know that crime could be committed to a guest, visitor, or tenant
- The third-party was only able to injure the plaintiff due to inadequate security measures
When you bring your case before the legal team at jD LAW, we can thoroughly investigate whether or not negligent security took place. Negligent security cases are not simple, and you will need a keen eye of detail to determine if the property owner acted negligently or not. Even if you can prove that negligence caused your injuries, you will also have to negotiate with the property owner’s insurance company or advocate for your case in trial. Both situations require an extensive amount of experiencing practicing law in a California courtroom.
And that is exactly why you should contact jD LAW. Our founding attorney is a former LAPD investigator who can diligently build a strong case that accounts for both the medical, financial, and emotional costs you have suffered as a result of a negligent property owner. Our firm has more than 30 years of experience serving San Diego residents and can provide thorough legal advice about your case. To get started with a free consultation, call us at (760) 630-2000 and get the representation you need from an experienced and knowledgeable San Diego premises liability attorney.
Don’t Wait A Second Longer
When you have been injured, or a loved one has been killed due to the negligence of another, you need legal help. Contact jD LAW, today to get the justice you deserve.