You spend a majority of your time at your job, whether it be in an office, at a construction site, or anywhere else you work. Part of your rights as a worker in California includes being kept safe while you’re at work.
If you’ve been injured because of negligent security by your employer, it’s important to understand what your legal options are. At Maison Law, our team of experienced California negligent security lawyers can guide you through this challenging process. Contact us today for a free consultation.
What Do You Need to Do After a Negligent Security Incident at Work in California?
Even though it’s at work and not on your own personal time, you should look at a negligent security incident the same as any other accident. Namely, this means you should do certain things to protect your health, safety, and potential legal claims. So, make sure to do the following things if you’ve been injured:
- Report the incident – Tell your boss, supervisor, or the right person in your workplace about what happened as soon as you can. Give them all the details of the incident and share any proof you might have.
- Document the incident – Write down everything about what happened. Note the date, time, where it occurred, who was involved, and if there were any witnesses. If it makes sense, take pictures and save any evidence that might be important.
- Get medical care – If you got hurt during the incident, get medical help quickly. Your health is the most important thing. Keep a record of any medical care you receive and save any related bills.
- Call the police – If the security problem involves a crime, like someone stealing or attacking, get in touch with the local police. Tell them all the information and show them any proof you collected.
- Discuss the incident with human resources – Talk to your human resources department or higher-ups in your company about the incident. They can tell you about the company’s rules for dealing with these situations.
- Cooperate with the investigation – If there’s an investigation happening, whether inside or outside the company, cooperate fully. Share any details or evidence you have to figure out what caused the incident and who is responsible.
Regardless of the outcome, your health and safety should always take top priority. From there, you’ll need to parse out exactly who is liable for your injuries and damages, which depend heavily on the circumstances of the incident itself.
Liability in Negligent Security Accidents at Workplaces in California
One of the biggest issues with the security of employees in California is the fact that there are so many different types of workplaces. While it’s simpler in a centralized area like an office, there are still a number of different ways that your security can be compromised by your employer.
Generally speaking, your employer has the legal responsibility to keep you and other employees safe while at work under their care. When this doesn’t happen due to negligence, they will be liable for your injuries and damages.
However, this can sometimes depend on the circumstances. So, here’s a deeper look at liability issues in California workplaces when it comes to security:
- Negligent hiring – This is a big one. If an employer hires people with a history of violent behavior or criminal activity without proper background checks, they may be held liable for any harm caused by the employee.
- Not conducting risk assessments – Employers should assess the risks associated with their workplace and implement security measures accordingly. Neglecting to conduct thorough risk assessments may lead to liability if an incident occurs.
- Inadequate training – If a workplace employs security personnel, inadequate training could result in liability. Properly trained security personnel are crucial for preventing and responding to security incidents.
Failure to address known risks – If an employer is aware of specific risks or threats to the safety of employees and fails to take appropriate action, they may be held liable for any resulting harm.
- Inadequate security measures – Employers have a duty to implement reasonable security measures based on the nature of their business. If they fail to do so, they may be held liable for injuries resulting from negligent security.
- Lack of surveillance – In today’s technological age, the absence of proper surveillance systems may be considered negligence. Employers may be held liable if the lack of surveillance contributes to security breaches.
- Inadequate lighting – Poorly lit areas in a workplace can contribute to security risks. Employers should ensure that all areas are well-lit to discourage criminal activity and enhance overall safety.
Shared Liability
Aside from the employer and individual person that hurt you, other liable parties in these types of incident can include:
- Property owners – If the employer leases or rents the property, the owner may be liable for security lapses, as they have a duty to maintain a safe environment.
- Security companies – If the employer hires a security company with inadequate services or poorly trained personnel, the contractor may share liability.
- Third parties – Vendors responsible for security aspects, like surveillance system maintenance, may be held liable for failures in their products or services.
- Building managers – Managers of larger buildings or complexes may share liability for security issues in common or shared areas within the workplace.
- Government agencies – Non-compliance with industry security regulations may result in liability. Government agencies enforcing these regulations could also be involved.
- Contractors – Those maintaining physical security may share liability if their actions or negligence contribute to security breaches.
In California, there’s also comparative negligence, meaning you yourself could share some of the responsibility and your overall recovery in any legal action will be reduced by your percentage of fault.
What is the Legal Process After a Negligent Security Incident at Work in California?
After a workplace incident, there’s a specific process to safeguard your rights. Our seasoned California negligent security lawyers can assist you throughout, but the general procedure involves:
- Filing an insurance claim
- Filing a lawsuit
Our team follows a methodical approach to these claims:
- Investigation – We start with a thorough examination of the accident, collecting evidence, speaking with witnesses, obtaining documents, and consulting experts.
- Medical assessment – Next, we’ll work with medical experts to assess injuries, treatment needs, and long-term outlook for fair compensation determination.
- Legal strategy – We create a customized plan based on findings, involving negotiations, workers’ compensation claims, or lawsuits.
- Negotiation – We aim to settle your claim with a fair result covering medical costs, lost wages, and pain and suffering.
- Litigation – We’re prepared to go to court if negotiations fail, vigorously representing your rights.
- Communication – We value transparent communication, providing updates and addressing concerns.
- Resolution – Our ultimate goal is the best outcome through settlement or litigation for fair financial support.
It’s crucial to understand the two-year statute of limitations for filing a workplace accident claim, as missing this deadline could mean missing out on financial support.
Damages
When you decide to file a civil claim following a negligent security incident in California, your objective is to secure financial considerations for the harm you’ve suffered. Regardless of your job, sustaining injuries at work may necessitate medical treatment, ongoing care, and support to cope with the emotional distress resulting from the incident. These forms of support, known as ” damages,” aim to cover the losses you’ve experienced due to the incident. Here are typical damages you can pursue in a California negligent security claim:
- Medical expenses
- Lost income
- Property damage
- Physical and emotional distress
- Reduced quality of life
- Loss of companionship
- Punitive damages, if the responsible party demonstrated excessive negligence
The specific damages you seek will depend on your unique situation and the severity of your injuries. While our Maison Law team can assist you in understanding your legal options, it is ultimately your decision to pursue a claim to secure the available financial support.
Count on Maison Law’s Experience
At Maison Law, we understand the challenges you face as a worker in California. Your daily work not only supports your family but also contributes to your employer’s business. With the potential dangers in many workplaces, the risk of injury because of negligent security is very important.
If you experience an unfortunate negligent security incident at work, Maison Law is here to offer the legal support and guidance you need. Our committed team of lawyers has the dedication and resources to help you during this difficult time. If you’ve been injured at work, don’t wait to contact us today for a free consultation.
