The prior criminal incidents test helps hold property and business owners liable for negligent security when guests are harmed in a criminal act. The test tries to show that an owner or operator knew about a threat of criminal activity or should have known.
Maison Law represents the victims of premises liability negligence in California. Guests in public places and businesses should be protected from criminal acts. Our negligent security lawyers help victims earn the support they need to make a full recovery. Please contact us for a free, no-obligation consultation. It’s a no-risk opportunity to find out what your injury and terrifying ordeal should be worth and how to hold a business responsible.
What Is Negligent Security?
Negligent security falls under California’s premises liability laws. Basically, if you are the victim of a criminal attack while on someone’s property, you may be able to hold that property owner liable for the damages. As long as the property owner could have foreseen the danger and did nothing to prevent it, victims can ask the property owner or business owner for help in recovery.
If you or a loved one were hurt by a criminal act, you could seek full reimbursement for medical bills while in recovery. This support would need to come from negligent business owner or corporate owners and their liability insurance providers. Landlords could also be found liable for not protecting tenants from assaults. You could also seek compensation from a government department if an attack happens at a public park or public building.
Victims may suffer gunshot wounds or stab wounds. They may be the victims of physical or sexual assault. If these attacks happen in a public place, a California negligent security lawyer can help you secure evidence and demand the most possible for your recovery.
How Can the Prior Criminal Incidents Test Help My Case?
Businesses and property owners owe anyone they invite in a legal “duty of care.” They must monitor for hazards that employees create and that other visitors, clients, tenants, and shoppers create. An example would be a slippery spot created by a spilled drink. These hazards should be cleaned up or repaired in a reasonable amount of time before others can fall and get hurt.
This same duty of care covers the physical safety of guests from criminal activity. Owners must install adequate lighting and security cameras to discourage criminal activity. They must hire security guards to keep visitors safe in parking lots and in stores and restaurants. When they fail in these duties and someone is attacked, victims can seek compensation.
Victims are often asked to prove “foreseeability” in these cases. They should be able to present evidence that shows the owner should have known about the criminal threat and should have taken additional action.
When previous criminal attacks have occurred in a certain area or even around the business in question, owners and operators may be found negligent. Lawyers can apply the prior criminal incidents test to show that a business owner should have foreseen the threat and acted to keep customers safe. This foreseeability may be demonstrated by pointing to news reports or police efforts to warn locals about a crime wave. The owner should have heeded these warnings, taken additional security measures, and warned visitors about the risk. Forseeability could be proven if a criminal act had occurred at the business recently. The owner definitely had advance notice of the risk and should have done more.
Your personal injury attorney would be fully investigating your attack and the owner of the property or business. A strong case backed with evidence can often show that a property owner or a corporation knew about the dangers or should have known and still did nothing to warn and protect customers and clients.
Will My Negligent Security Case Have to Wait Until a Criminal Trial Is Over?
No. If caught, the suspect will face a criminal trial, but you don’t have to wait on a verdict to file your claim against a business or property owner. Your negligent security lawsuit will be a civil case and it won’t depend on the results of a criminal trial.
You and your lawyer can file a claim as soon as all the evidence is in place. The criminal trial will be separate and doesn’t need to have been resolved for you to win a civil case and get the support you need.
You’ll be able to seek compensation for your current medical bills and secure support for your medical care in the future if necessary. Your lawyer will also demand reimbursement for every paycheck and benefit you lose at work while out with an injury. The physical pain and emotional trauma you suffer must also earn support.
Contact Maison Law After a California Negligent Security Accident
In the aftermath of a criminal act at a business or public place, please speak with a California Negligent Security Lawyer about your options. At Maison Law, we understand the significance of protecting both your health and legal rights. We stand up to business owners and giant corporations to make sure our clients receive everything they need to heal and rebuild their lives.
Contact Maison Law today for a free consultation to find out what your negligent security injury and hardships may be worth. There’s no obligation for this free case review, but if you decide we can help you earn more for your suffering, you won’t need any upfront money. We work on a contingency basis. It means we don’t get paid unless we win your case for you. Then our fee comes out of the settlement check you and your family are awarded.
