“Negligent security” is a rather broad term that can mean a number of things. Security may involve people, objects or automated systems. If a person is injured as a result of the actions of any of the three factors, it may fall under the umbrella of negligence. This will depend on the circumstances that led to the injury and whether certain conditions are met.
Negligent Business Owners
This is perhaps the most cut-and-dried of the 3 examples listed because the elements involved in establishing negligence are more likely to apply to business owners. Under California law, business owners have an obligation to provide security to patrons and employees on their property. If you are injured as the result of a business failing to provide adequate security, you may have a case for claiming compensation for those injuries.
Examples of events that may constitute negligent security include store robberies, barroom fights, parking garage muggings or confrontations in shopping malls. If you suffer injury during this type of event, whether you were directly involved or not, you can pursue a case against the business owner, in the state of California.
Security Barriers
Even a physical object that is in place to assure the safety of the public may be considered negligent security in some cases. Let’s say you attempt to enter a parking garage that is closed, and the entryway is protected by a security barrier. If you are unable to see the security barrier due to inadequate markings, it could result in a crash in which you are injured.
If the owners of a business or premises situate security barriers in a way that doesn’t make it clear they are there, it may represent a breach in “duty of care” to the general public. If there is a failure to maintain those security barriers, any resulting injuries may also be considered a breach in duty of care.
Automated Systems
Automation is playing an ever-increasing part in security. Negligent security may not involve a physical person and an object, but it could indirectly involve both. If an object is controlled by an automated system and that system is, in turn, programmed or monitored by a person, negligence may still come into play if it results in an injury.
These cases are the most complicated. It becomes the job of your personal injury lawyer to establish who, if anyone, is to blame for the failure of the system to provide adequate security. A prime example of this type of case may involve a security barrier at a train crossing that failed to come down. The negligent action could have occurred during design, implementation, operation, maintenance or as the combined result of numerous failures.
To explore the implications of negligent security in your case, call Maison Law today and speak to a friendly California personal injury law expert. We understand the complications that may arise from injuries that resulted from negligent security. We are well-prepared for every possible angle in seeking fair compensation for our clients.
