When determining negligent security matters, the law considers a variety of tests in certain states. In California, you may be familiar with the “imminent harm test” if you are bringing a negligent security claim. It is important that you understand all of your options moving forward if you want to bring a claim against a property owner or any other negligent party.
Maison Law represents victims of premises liability incidents throughout California every year. When somebody is a guest to a business, university, or any other owned area, property owners are expected to protect them from criminal acts and harm. Speaking with an attorney can ensure that your rights are being protected as you move forward with a negligent security case. Please do not hesitate to contact us today for more information on your claim, as well as a free consultation to review your case.
Understanding Negligent Security in California
California has premises liability laws that govern negligent security claims. In general, if you were injured in some type of criminal attack while you were on a public or private property, you may have a negligent security claim if you were permitted to be there. Property owners are expected to foresee a danger and take actions to prevent these dangers. If they do not, you have every right to bring a claim for the damages you have experienced.
There are many types of attacks or crimes that can occur on a property. An individual could be assaulted on a college campus. Somebody walking through a parking lot after grocery shopping could be robbed. No matter the circumstances, you have every right to bring a claim if security measures were not in place. These include aspects such as adequate lighting, security guards present on the property, and security alarms in place where necessary among many other measures.
Imminent Harm Test in Negligent Security Cases
Certain tests are sometimes used to prove negligent security in some states. These are known as the prior criminal incidents test, the circumstances test, and the imminent harm test. Typically, these tests resolve foreseeability measures and whether or not a property owner was supposed to take specific actions.
When a state applies what is known as the imminent harm test, it means that a business owner must warn a customer or call police when they discover that a customer is in immediate peril. In these cases, a business owner has to react to immediate harm instead of taking action to foresee future harm in some way. Let’s say that there have been a series of crimes in the area that day and a business owner knows about it. This means that the property owner has knowledge of crime history in the area and should be aware of it and the safety of their customers.
What To Do After a Crime in a Negligent Security Incident
After a possible negligent security-related incident, there are some steps that you should take that could impact your well-being and the future of your claim. These include the following:
Call Police: No matter what happened, you should always alert the police when a negligent security breach has occurred. Having the police at the scene of the crime will lead to documentation and an investigation.
Speak to Witnesses: Witnesses can give crucial information that can help you in many ways when you have been hurt in a negligent security incident. Speaking to witnesses and getting their information can help the future of your case.
Go to Hospital: It is vital that you receive immediate medical attention after you have fallen victim to a crime or an attack on someone else’s property. This is not just to protect your health but also for the future of your claim so that you can prove that your injuries stemmed from the incident.
Receive Follow-Up Care: If your physician tells you that you should have follow-up care related to your injuries, you should always attend the appointments. This can be helpful in proving that your injuries were as severe as you claim they are.
Avoid Certain Discussions: You should never speak with the defendant or their insurance company without first speaking with your lawyer to protect your rights.
Contact Maison Law After a California Negligent Security Accident
If you have been hurt in a negligent security incident on someone else’s property, you should speak with a legal advocate that you can trust with your claim. At Maison Law, our California negligent security lawyers understand the significance of protecting your legal rights after you have been hurt in an accident. We will help you seek damages that you need to get back on your feet financially at this time. Please contact us today for a completely confidential and free case review.
