The Totality of Circumstances Test helps hold business owners liable for negligent security when guests are harmed in a criminal act. The test helps prove that an owner had prior warning of a crime risk and didn’t take action or warn customers.
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.
Determining if Negligent Security Contributed to Your Attack
Premises liability laws in California hold landlords, business owners, and other property owners and operators to a “duty of care.” They must protect the tenants, customers, clients, and other guests from harm by taking reasonable steps to remove hazards and threats. Government agencies are also responsible for protecting people visiting public parks and public buildings.
The duty to provide adequate security for visitors to protect them from criminal acts falls under these personal injury laws. 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. The property owner would have to be proven guilty of negligent security, meaning the owner or operator knew about the risk and didn’t do enough to protect you.
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.
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 Totality of Circumstances Test Help My Case?
Businesses and property owners are required to take action if they are informed of a risk of criminal activity. They might see a news report about crime in the area. They might be informed by police about a surge in crime in the surrounding community.
A crime may have happened at the business previously, clearly demonstrating the owner was well aware of the risk. With this knowledge, owners should take action to increase the lighting in parking lots and add cameras. They should hire additional security staff to keep customers safe. They should warn customers about the increased risk. It’s a legal duty because it should be clear the risk was “foreseeable,” leaving the owners responsible for acting.
Your personal injury lawyer would use the totality of circumstances test to prove the owner’s or corporation’s negligence and liability. The test is used to clearly show property owners had knowledge of the reputation of the surrounding neighborhood. The knowledge could but proven by the fact that the owner installed additional security measures. Factors like the presence of media warnings and police canvassing should also prove they must have been aware. The evidence provided by the totality of circumstances could include the occurrence of a previous crime at the business or in the parking lot.
These circumstances make it hard for landlords and other property owners to deny they knew there was a danger. This makes it easier for your lawyer to hold an owner accountable and demand the most in compensation for your medical recovery and loss of property.
What to Do After Suffering an Attack in a Negligent Security Case
The Totality of Circumstances Test should help you hold a business or corporation responsible for your medical costs, emotional trauma, and lost wages while you are out of work.
But you may need additional evidence to prove your personal injury case. Your lawyer will fully investigate what happened to you, but your attorney can’t be there on the scene right after it happens.
If you are left physically able, you should try to gather some evidence on the scene after it’s safe to do so. If you must leave for the hospital, ask someone with you to try to secure these details:
- Call 911 – Provide officers with every detail of what happened and express your concerns about the negligent security measures. Allow paramedics to examine all injuries and go to the emergency room if necessary.
- Take photos of the scene – Show evidence of negligent security like a broken door or window, poor lighting, or a non-functioning surveillance camera. Take photos of any visible injuries.
- Get witness contact information – You will turn witness phone numbers and addresses over to your personal injury lawyer so your lawyer can obtain testimony.
- Alert a manager– If there’s time, make sure a representative from the business knows about what happened. They may need to create an incident report.
- See your family doctor – Go to your own doctor, even if you’ve been to the emergency room. Get any new pain that arises in the days after an incident checked out. Follow your doctor’s recommendations for seeing specialists and attending physical therapy.
- Reach out to a California negligent security lawyer – You can sign away your rights to get yourself support during a difficult recovery. It’s important to have a legal representative on your side to make sure negligent business owners are held fully accountable for their recklessness towards guests.
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.
