El Centro Negligent Security Lawyer
Whenever you visit a public space or private establishment, you expect that the property owner has taken proper measures to ensure safety on the premises. Sadly, there are circumstances where that is not the case. However, there is no minimum security requirement for all businesses and no one-size-fits-all solution. Many factors must be considered, such as the neighborhood, hours of operation, and prior incidents on or near the business.
When you are injured on someone’s property or in a public space due to negligent security measures, you may be able to pursue legal recovery. These types of accidents can happen in various places, from nightclubs to shopping malls, nursing homes, and around ATM machines. Even if you think you may not have been in a place that qualifies or experienced an incident that qualifies, you should still speak with a seasoned injury attorney. Property owners are liable for crimes they can foresee happening on their property because business owners are typically in a much better position than their customers to be aware of dangers on and around the premises. Speaking with an El Centro negligent security lawyer at our firm could help you determine if you have a viable case for compensation.
What to Know About Premises Liability
Premises liability is a legal theory where a property owner or resident/tenant must keep the premises reasonably safe for people who are legally visiting. This responsibility to guarantee the safety of visitors is called a “duty of care.” Premises liability also includes security on a premise. If a property owner did not have any security on the grounds to prevent crimes from happening, they could be held responsible. This is the basis of a “negligent security” lawsuit. Negligent security cases take place in civil court against the property owner; the perpetrator of the crime is held responsible in criminal court.
Businesses must prioritize safety. When they don’t, legally allowed visitors leave with physical, emotional, and mental trauma. Injured individuals can seek compensation for that trauma in the form of damages. There are several kinds of damages. One type is economic damages, which are “tangible” in that there are typically receipts or monetary amounts documenting the costs of their losses. Some examples include medical bills, lost income, and rehabilitation costs. Another type of damages is non-economic damages, which are subjective and include things like:
- Mental anguish
- Pain and suffering
- Loss of consortium
- Reduced quality of life
It is best to consult with an El Centro attorney who is well acquainted with negligent security claims to gauge the types of damages that may be available in a specific claim.
Who Can Bring A Negligent Security Claim?
Negligent security cases can be subjective and difficult to prove without the assistance of a qualified legal professional. There are two categories of people who can pursue negligent security claims.
The first category is invitees or people who are invited to the property by its owner for business-related reasons. An example would be a customer at a business. If someone assaulted a customer on the premises, the customer could sue if the owner did not provide reasonable security.
The second category is licensees or a person who is allowed onto a property for a non-business reason, like a party guest at a person’s home. If a party guest with a reputation for getting into physical altercations when they drink assaults another guest, the homeowner may be liable for not taking measures to provide adequate security because it was a foreseeable threat.
Trespassers typically do not have a right to negligent security claims. Trespassers do not have implicit or explicit permission to be on a property. A property owner is not required to guarantee adequate security for a trespasser. For example, if a trespasser breaks into a store to steal its goods but is assaulted by another robber in the same store, it is not likely that the store’s owner would be liable for either robber’s injuries.
As a result of these nuances, speaking with a lawyer in El Centro about which category would apply to a potential negligent security claim is crucial.
Contact an El Centro Negligent Security Attorney at Our Firm
Most stores have insurance policies to protect them when a crime happens on their property. A dedicated attorney can help you work with the system to ensure you get the compensation you deserve. You do not need to deal with your stress, pain, and confusion on your own. Call an El Centro negligent security lawyer to begin the process of seeking justice for the harm you have endured.
