Just because you haven’t yet entered a store or property in California doesn’t mean that you have any less of a legal right to safety and security. At most places in California, a parking garage is available for customers and patrons. At the same time, while they offer convenient parking, they also carry some risk of incidents, particularly in more poorly lit or controlled areas.
At Maison Law, we understand how challenging it can be to deal with a negligent security incident at a California parking garage or any other area. That’s why we take such pride in our approach to these cases and can help you if you’ve been hurt. Contact us today to set up a free consultation to learn more about your options in these unfortunate situations.
Who’s Responsible for a Negligent Security Incident at a California Parking Garage?
The biggest question you’ll likely have to answer if you’re injured in a negligent security incident at a California parking garage is who is responsible. Generally, liability falls on the owner of the parking garage. However, this isn’t always easy to figure out. In fact, when the incident occurs in a parking garage, a number of different parties could share some level of responsibility:
- Garage owner – The owner of the parking garage has a duty to provide reasonable security measures to ensure the safety of individuals using the facility. If the owner fails to implement adequate security measures, they may be held liable for a negligent security incident.
- Property management company – If the property owner has contracted a management company to oversee the parking garage, the management company may share responsibility for security. Their failure to implement proper security measures or address known risks could result in liability.
- Security personnel – If the parking garage employs security personnel, their actions or inactions could contribute to a negligent security incident. This includes issues such as inadequate training, failure to respond appropriately to incidents, or negligence in their duties.
- Maintenance contractors – Negligent security incidents can also occur if maintenance contractors hired to maintain security equipment or physical barriers fail to perform their duties adequately.
- Third-party providers – Some parking garages may hire third-party security companies. If the security company fails to provide sufficient and competent security services, they could be held responsible for a negligent security incident.
- Local governments – If the parking garage is owned or operated by the city or some other government agency, there may be specific legal considerations. Government agencies can be held responsible for negligent security under certain circumstances.
Should You Hire a Lawyer?
There’s no legal requirement in California that says you need to have a lawyer in these cases. With that said, particularly with the specifics involved where the incident occurs in a parking garage, working together with our team of experienced lawyers can certainly help your case. Here’s how we can help:
- Case evaluation – First and foremost, we’ll assess the details of your case, including the circumstances leading to the incident, the history of security measures at the parking garage, and the parties involved. This evaluation helps determine the strength of your case and potential avenues for legal action.
- Investigation – We always conduct a thorough investigation to gather evidence supporting your claim. This may include obtaining security footage, interviewing witnesses, reviewing maintenance records, and assessing the overall security infrastructure of the parking garage.
- Establishing liability – Our lawyers will identify the parties that may be held responsible for the negligent security incident. This could include the property owner, management company, security personnel, maintenance contractors, or other relevant entities.
- Legal guidance – Not surprisingly, we’ll provide you with legal advice and guidance throughout the process. We’ll explain your rights, potential legal remedies, and the steps involved in pursuing a negligent security claim.
- Communication with insurance providers – A big plus is that we can handle communications with insurance companies on your behalf. We’ll negotiate with insurers to seek a fair result for your damages, including medical expenses, pain and suffering, and other losses.
Filing a Claim After a Negligent Security Incident at a California Parking Garage
Legally speaking, you have two options after a negligent security incident at a California parking garage: filing an insurance claim against the liable parties or filing a personal injury lawsuit. Either option allows you to recover certain “damages” from all the liable parties, including:
- Medical expenses and ongoing care – This covers the costs related to your medical treatment, including doctor visits, surgeries, medications, and any other necessary medical procedures. Ongoing care involves expenses for therapy, rehabilitation, or long-term medical care required due to the incident.
- Pain and suffering – Pain and suffering damages aim to address the physical and emotional distress caused by the incident. It encompasses the pain experienced during and after the incident, as well as any lasting discomfort or anguish resulting from the injuries.
- Emotional distress – Emotional distress damages is separate from pain and suffering and is specifically geared towards the psychological impact of the incident. This may include anxiety, fear, and trauma resulting from the incident.
- Lost wages – If the incident prevents you from working and earning income, you can seek financial support for lost wages. This includes the wages you would have earned if you hadn’t been injured and couldn’t perform your job.
- Property damage – Property damage is applicable if your personal belongings, such as clothing or accessories, were damaged during the incident. This type of financial support aims to cover the cost of replacing or repairing these items.
- Punitive damages – Punitive damages may be awarded in cases where the dog owner or landlord’s behavior is deemed extremely negligent or intentional. These damages go beyond compensating the victim and are intended to punish the responsible party for their egregious actions.
The extent of these damages depends on the severity of your injuries and the impact the incident has had on your life. The more severe the injuries and the greater the impact on your physical and emotional well-being, the higher the potential financial support.
It’s crucial to be aware of the statute of limitations in California, which is a two-year deadline for filing a claim. Failing to meet this deadline may result in the inability to pursue financial support for the damages you’ve suffered.
What Evidence Do You Need After a Negligent Security Incident in California?
The circumstances of your incident, including where and when it occurred, are crucial for your claim, especially if it happened in the parking garage. To strengthen your claim l, it’s essential to gather the following evidence:
- Photographs and videos – Visual evidence will be very important. Take pictures or videos of the scene, highlighting any inadequate security measures, poorly lit areas, or other conditions that contributed to the incident. Document any visible injuries sustained during the incident.
- Witness statements – If there are any, get statements from anyone who witnessed the incident. Their accounts can provide valuable perspectives on what transpired and may strengthen your case.
- Medical records – Gather medical records detailing any injuries you sustained as a result of the negligent security incident. This includes hospital records, doctor’s notes, and invoices for medical treatments.
- Police reports – If law enforcement was involved, obtain a copy of the police report. This document can provide an official account of the incident and any actions taken by authorities.
- Documentation of security actions – Collect information about the security measures in place at the location of the incident. This may include surveillance footage, access control records, and details about security personnel on duty.
- Maintenance records – If the incident was due to poorly maintained security equipment or infrastructure, gather maintenance records to demonstrate negligence on the part of the property owner or responsible entity.
- Communication records – Retrieve any communication records related to security concerns or incidents. This may include emails, letters, or other written correspondence indicating that security issues were known but not adequately addressed.
- Crime statistics – If the incident involved criminal activity, like a sexual assault, research and collect crime statistics for the area where the incident occurred. This information can help establish the need for appropriate security measures based on the history of criminal activity in the area.
- Employee records – If the negligent security incident involves security personnel, obtain relevant employee records, including training certifications and performance evaluations.
Remember, every claim is unique. Thus, what evidence you may be able to gather won’t be the same as others. Still, we’ll help you gather this evidence, then present it in a way that is compelling and impactful.
Assistance from Experienced California Negligent Security Lawyers
If you or a family member has experienced a negligent security incident at a California parking garage, Maison Law is here to help. We guide you through the necessary steps for seeking damages from the party responsible, developing a clear strategy for an effective case. Contact us today to schedule your free consultation.
