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San Luis Obispo Negligent Security Lawyer
What Is Negligent Security?
You Are Entitled To Safety and We Will Fight on Your Behalf
Citizens are entitled to safety when they visit other properties. When an accident or injury occurs as the result of insufficient protection against potential harm, this is called “negligent security.” As a subsection of premises liability law, property owners are subject to legal prosecution if their failure to provide a safe environment resulted in a crime or accident.
What Qualifies as Security Negligence?
Suffering an injury can be expensive and life-changing. This is why negligent security claims exist—to ensure safety and prevent future incidents from happening.
Some of the most common physical injuries that result in these types of cases include:
- Cuts or bruises
- Permanent scars
- Brain injuries or head trauma
- Limb amputation
- Internal Injuries
- Broken of fractured bones
- Sexually transmitted diseases
- Depression or anxiety
Notice that you can file a claim for physical or psychological trauma from the incident. These types of injuries usually come from intense, violent crimes like:
Types of Negligent Security
It is a property owner’s responsibility to minimize the risk of security-related incidents. This means that the facility must include important security equipment which is properly maintained and functional.
When an accident occurs on the property, there are many contributing factors that fall under negligent security claims, including:
- Insufficient lighting
- Lack of security guards
- Poorly maintained property
- Broken equipment (locks, fencing, gates, cameras, alarms)
- Missing or inadequate security cameras or alarms
- Insufficient or blocked emergency exits
Negligent security claims apply to both public and private property. This can include homes, parking lots, stores, apartment buildings, transportation centers, restaurants, bars, and more.
The difference for public and private negligent security claims is how they are filed, processed, and handled. For example, an incident on government property usually requires a notice to be filed to the government. This action would precede any legal filings. Overall, premises liability laws vary between states, so some cases may require additional steps:
These cases are oftentimes difficult to navigate because there are more factors besides the property’s safety to consider. If there is a defendant who committed a crime like murder or assault, the question has to be raised of whether the property owner’s lack of security measures contributed to the likelihood of the incident.
There’s also the definition of “security,” which varies from property to property. For example, it may not be reasonable to require private homeowners to have cameras installed, but for a store or restaurant it might. Another good example is the use of security guards.
Most restaurants and stores don’t require security guards, but other businesses might. Bars or nightclubs have a legal responsibility to ensure a safe environment for patrons (which includes regulating alcohol consumption). When intoxication is a factor to consider, it becomes necessary to have security guards who can maintain a level of safety in the building.
This is the same for government buildings. Most of them have screening areas at the front doors. They do this because it reduces the risk that people dealing with legal issues will take matters into their own hands. It protects the government officials who are responsible for enforcing the laws.
When it comes down to it, you can prove security negligence if:
- There are no security measures in place.
- Any injuries or deaths are the direct result of security issues.
- The security measures in place do not work.
In some cases, incident predictability may also play a role. For instance, if a robbery has occurred at a gas station before because of the area that it’s located in, then it’s easier to argue the owner’s duty to provide security cameras or protective barriers.
You May Have a Negligent Security Case
If you or a loved one has suffered an injury, damages, or death due to security negligence, you should hire an attorney to help you make your case. Because of the complexity of this type of litigation, you will need help proving the property owner’s liability.
At James McKiernan Lawyers, we have handled more than 30,000 injury claims in over 40 years. Contact us today to get help filing for the negligent security compensation you deserve.
Inadequate security (also known as negligent security) is when a business does not provide adequate security measures to prevent a violent crime (criminal assault, rape, robbery, violent attack, etc.) against a customer or a tenant.
If you believe that you have been the victim of a negligent business owner, contact a California negligent security lawyer at James McKiernan as soon as possible.
There are many situations that can result in inadequate security, including:
- Inadequate lighting in dark areas
- Failure to respond to reports of suspicious activity
- Failure to alert guests of known risks
- Broken security systems Lack of security cameras
- Broken security systems
- Improperly trained (or lack of) security guards
- Failure to secure the premises
Typically, businesses will have to ensure the safety of everyone who comes onto their properties, but they focus on physical health such as slip and falls instead of negligent security.
Negligent security can occur in almost any situation where a building or another type of property is open to the public. There is a chance of crime no matter where you go that is public, from a business to a private workplace. When a business does not practice proper security in order to protect anyone on its property, there is a chance of an inadequate security claim.
Contact James McKiernan Lawyers today if you believe you or your loved ones were hurt due to negligent security.
The most common businesses where negligent security occurs include:
- Gas stations
- Apartment complexes
- Strip clubs
- Parking garages
- Convenience stores
- Retail properties
- Property management companies
Some of these claims can be more complicated than others, which is why it is important to have a negligent security lawyer on your side to help you understand the details of your case and find out what is possible for you.
Your lawyer must work with you to prove certain aspects of your claim, and some of these things are easier to prove whereas others will prove more difficult.
If you have any questions, contact a California negligent security lawyer at James Mckiernan as soon as possible.
Your attorney’s investigation will include the statistics for:
- The area
- News reports
- Social media posts
- Police reports
- Witness interviews
- Video or photographic evidence
There are many different parties who can be liable for security negligence, including the business owner, property managers, on-duty managers, and others. Sometimes, the security guard may be liable if they were negligent while doing their job.
If you believe that you have been the victim of a negligent business owner, contact a California negligent security lawyer at James Mckiernan as soon as possible.
Businesses that are most likely to be liable for negligence include:
- Apartment Complexes
- Hotels and Resorts
- Property Management Companies
- Gas stations & Convenience Stores
- Parking Garages at Businesses
- Restaurants & Bars
- Retail Properties
- Night Clubs
There are many other businesses that may be liable for negligence as well. We will evaluate your case and provide the answers you need.
If you have been attacked or injured while you were on a commercial property, you need to be prepared for a complicated process moving forward. There are a few different parties who we may need to investigate before we can determine what to do – those parties include a property owner, management company, and security company. There may also be criminal investigations going against the assailant.
Call us today to discuss your case (805) 222-7654.
If you have been attacked, follow these steps:
- Get somewhere safe and assess your injuries
- Call 911 as soon as possible and file a police report
- Seek medical help, even if you think you do not need it; be sure to alert the medical staff that you are a victim of a crime
- Contact a California negligent security lawyer
Over $300,000,000 WON for Clients!
Recent Case Victories
$1.35 Million Dirt Bike Accident
Riding a dirt bike at a friend’s home on acreage, suffered life-threatening injuries when low hanging cable hit the rider in the neck. James McKiernan Law subbed in as new attorneys, found coverage, and settled for policy limits in 4 weeks.
$1.3 Million Car Accident
James McKiernan Lawyers settled our case for the policy limits of $1,000,000 against the driver and got another $300,000 from the passenger’s insurance company for a total settlement of $1,300,000.
$1.3 Million Off Road Vehicle Accident
Riding in the back seat of an off-road vehicle when the driver drove off a forest service road into a canyon resulting in severe injuries. Structured annuity resulting in tax-free payments to the client.