Banning Negligent Security Lawyer

Your injury from the criminal battery, assault, and other misconduct of another could entitle you to claims for compensation through a civil lawsuit. However, you may not realize that fault and liability for your injury could belong to other parties whose negligent security allowed the harm to occur and failed to protect you from this risk. A Banning negligent security lawyer can be useful in these unique types of premises liability cases.

How Premises Liability for Negligent Security Works

California Civil Code § 1714 imposes a general duty of ordinary care on property owners to maintain their property and extends civil liability to those whose failure to meet this standard causes injury to another. The specific conduct required to meet this duty of care depends on the unique facts of the case and the relationship of the landowner to the injured person. As stated in Hoffman v. Young, the greatest duty exists to invitees, who are business visitors that enter the property for the purpose of business dealings with the landowner. Landowners have a more affirmative obligation to protect and warn against foreseeable injury to their invitees.

Providing adequate security to visitors can be an obligation under state premises liability law when the possibility of injury from the criminal activity of others is foreseeable. Whether a need for security is foreseeable is another fact-specific issue that could exist based on the high crime rates in the area, past incidents on the property, and other factors that could make the property a target for crime; for example, property and businesses that possess valuable goods. An attorney in Banning could prove a landowner’s security measures did not reasonably protect against these risks and premises liability exists for injuries to visitors.

Damages That Could Be Available in a Negligent Security Lawsuit

An injury lawsuit arising from negligent security could provide financial recovery for several types of compensatory damages related to the case. Generally, available damages may include past and future medical expenses and lost earnings. A person’s pain and suffering can also be compensable as a noneconomic damage from the incident.

Potential Examples of Negligent Security

Negligent security could exist when a landowner does not implement measures that could reasonably prevent or mitigate injuries to others on their property. Some common examples of negligent security may include the following acts or omissions of landowners:

  • Not hiring trained security to guard entry points
  • A lack of metal detectors or other safety checks to remove threats of firearms and other weapons
  • Failing to screen visitors or perform background checks
  • Not training employees on protocols when an incident occurs
  • Missing security systems, including cameras and other monitoring devices
  • Non-working or missing door locks
  • Lights, signs, and other deterrents of criminal behavior

The security necessary to protect against foreseeable threats to the safety of business invitees and other visitors will depend on the nature of the property, the underlying business, and its patrons. A Banning lawyer could review a negligent security case to determine the owner’s liability.

Get Help from a Banning Negligent Security Attorney

Claims from injury involving negligent security have a general filing deadline of two years from the date of the incident causing injury. Meeting with a Banning negligent security lawyer as soon as possible could be useful in determining the applicable filing deadline and evaluating potential strategies for pursuing compensation. Our attorneys aim to serve as an informative resource for the victims of negligent security practices by landowners. Contact us to discuss your case.

Walter Clark Legal Group

Walter Clark Legal Group