Negligent Security Lawyer in California

Liability and Negligent Security in California

Premises liability is a legal concept that makes California property owners responsible for any:

• Injuries caused by unsafe conditions or accidents on their property due to their negligence.

In simpler terms, both public and private property owners are required by law to make sure their property is safe for everyone that uses it. If they fail to do so, whether intentionally or unintentionally, they are held accountable for any resulting injuries or accidents. Legally, this is referred to as “liability.”

Being responsible for a property involves ensuring proper security. Negligent security is a legal idea that says a property owner or manager can be held responsible for injuries or damages on their premises if they didn’t take reasonable security measures, especially when the risks were:

• Known
• Foreseeable
  
  

Types of Negligent Security

Generally speaking, negligent security covers a variety of different inactions on the part of property owners, like:

• Inadequate lighting – Inadequate lighting in parking lots, stairwells, or building entrances can create an environment where criminal activities are more likely to occur.
  
  
• Faulty or lack of surveillance systems – Failure to maintain or monitor security cameras can result in a lack of evidence or awareness in the event of a security breach.
  
  
• Failing to restrict access – Failing to restrict access to sensitive areas or not properly managing key and access card distribution can lead to unauthorized individuals gaining entry.
  
  
• Poorly maintained fencing – Broken or poorly maintained perimeter fencing provides an easy entry point for trespassers and can compromise the overall security of a property.
  
  
• Inadequate cybersecurity – Neglecting to implement proper cybersecurity measures, such as encryption and regular software updates, can lead to data breaches and unauthorized access to sensitive information.
  
  
• Improper training – Employees who are not adequately trained in security protocols may inadvertently compromise the safety of a facility, such as by leaving doors unlocked or sharing sensitive information.
  
  
• Negligent hiring – Neglecting to perform thorough background checks on employees or contractors can result in hiring individuals with a history of criminal activity.
  
  
• Improper maintenance – Neglecting routine maintenance of security systems, such as alarms or door locks, can lead to malfunctions and create vulnerabilities.
  
  

Even with this legal protection, you could still easily find yourself in a situation where you’re hurt because of negligent security. Thus, it’s important to know how to effectively respond to these incidents.

How Do You Respond to Negligent Security Accidents in California?

In California, property owners have a duty to protect your safety. When they fail to do so and you’re hurt, you need to respond properly to protect your rights and any potential legal case you have. So, when there’s an accident, make sure to do the following:

• Get medical help – If you’re injured, see a doctor promptly. Even seemingly small injuries should be checked, as some may not show up right away. Keep detailed medical records and bills to support your case.
  
  
• Report the accident – Let the owner or manager know about the incident. Whether it’s a property owner or business manager, ask them to document it and provide you with a copy. Swift reporting strengthens the evidence of the accident.
  
  
• Document with photos and videos – Take pictures or videos of the accident site, any unsafe conditions, and your injuries. Visual evidence helps illustrate what happened and may indicate the property owner’s potential responsibility.
  
  
• Avoid admitting fault – Be cautious when talking to insurance companies or property owner representatives. It’s wise to consult with our lawyers before these conversations. Statements made could be used against you, and legal guidance from our team can help you handle them appropriately.
  
  

Comparative Negligence

There’s also California’s comparative negligence law to worry about as an injury victim. While the vast majority of negligent security incidents will be the responsibility of the property owner, you may share some of the fault.

Usually, this happens if you were somewhere you weren’t supposed to be when the accident happened. In these scenarios, the owner’s duty isn’t as strong and your potential damages could be reduced relative to your level of liability.

What is the Claims Process in a California Negligent Security Case?

When it comes to the legal process in a negligent security accident case, the key factor is the circumstances surrounding the incident. If you were legally allowed to be on the property, you have the right to file an injury claim, as the owner owed you a duty of care.

Typically, filing a claim involves either an insurance claim or a personal injury lawsuit. The process follows a basic outline:

• Free consultation – The process toward recovery will start with a free consultation with our team. We’ll discuss the details of your case, including the accident, injuries, and evidence. We’ll evaluate the merits of your case and explain your legal rights and options.
  
  
• Filing the claim – If you decide to move forward, we’ll help you file an insurance claim against the responsible party. If a settlement offer is acceptable, the claim concludes. If not, we can initiate the official legal process by filing a Complaint in civil court.
  
  
• Discovery phase – Both sides gather evidence, involving document requests, depositions, and interrogatories. Our team works to support your claim and challenge the defendant’s evidence.
  
  
• Negotiation – Many cases are settled through negotiation before trial. Our team engages in discussions with the defendant’s legal team or insurance company to reach a fair settlement.
  
  
• Mediation or arbitration – If negotiation fails, alternative dispute resolution methods like mediation or arbitration may be pursued to facilitate a resolution.
  
  
• Trial – If necessary, the case proceeds to trial, where we present arguments and evidence. The judge or jury makes a decision regarding liability and damages.
  
  

Damages

In premises liability cases, regardless of your injuries, the main aim of the legal process is to secure financial support for the harm you’ve suffered. The available damages depend on factors like the accident’s circumstances, the extent of your injuries, the emotional impact, responsible parties, and your level of fault. With that said, once your claim is filed, you can potentially recover the following:

• Medical expenses
• Lost income
• Property damage
• Pain and suffering
• Loss of enjoyment of life
• Loss of companionship
• Scarring or disfigurement
• Punitive damages, in certain cases
  
  

Remember that the outcome of each case hinges on the unique incident details and the progression of your claim through the legal system. Further, you have to make sure to file your claim within California’s statute of limitations for injury claims, which is currently two years from the date of the accident.

How Will Our Team Help You After a California Negligent Security Accident?

Patience is crucial due to the time-consuming and intricate nature of the claims process. However, with our team by your side, you can trust that we will handle your case with care and keep you informed throughout the entire process. Moreover, we have extensive experience in handling negligent security claims and can help you if you find yourself in that situation. Here’s how:

• Experienced negotiation – Our lawyers have extensive experience in dealing with insurance companies. Their familiarity with common tactics employed by insurance adjusters enhances negotiation effectiveness, improving your chances of securing a fair settlement.
  
  
• Properly valuing your claim – Insurance companies often aim to minimize payouts. Our lawyers, well-versed in the law, accurately assess the true worth of your claim. We’ll gather compelling evidence to advocate for the maximum result you deserve.
  
  
• Protection of rights – Insurance companies have their own dedicated teams safeguarding their interests. With our lawyers at your side, your rights and interests receive equal protection. We’ll stand up for you, counter any unfair tactics from the insurance company, and tirelessly work towards securing a fair and just settlement.
  
  
• Stress-free representation – Negotiating with insurance can be overwhelming, especially when recovering from an injury. Our lawyers assume responsibility for all communication, paperwork, and legal obligations, reducing the stress and enabling you to focus on your recovery.