If you get assaulted or robbed at a mall or night club, you might have a claim against the owner of the establishment for inadequate or negligent security. California law requires the owner of any property to keep the place safe from hazards for anyone who lawfully on the premises.
Most of the time when we think of hazards on a property, we think of water on the floor or a loose board which causes someone to fall and get hurt. However, a hazard can be any dangerous condition which can include poor or inadequate security.
When do I Have a Negligent Security Claim?
In any personal injury claim, the victim must show that the person they are suing was negligent, and the negligence caused the injury. IE: a car runs a red light and hits you and breaks your leg.
When it comes to security, you have to prove that the owner of the premises was negligent in the way they provided security. It might be a night club known for fights and trouble, and there was only one security personnel on and you were assaulted.
You have to prove that the owner either negligently created the hazard or knew of the hazard and did nothing to prevent the injury.
Creation of a Hazard
Every retail outlet has a duty to keep its premises safe for those coming onto their property. California law allows for a hazard to be created in two ways:
- The owner created the hazard through negligent maintenance or other means, or
- The owner knew, or should have known of a hazard and did nothing (or did something inadequate) to fix the condition.
So if the owner knew that a certain level of security was reasonable and knew the security was insufficient but opened the doors anyway and you were injured, then you could make a claim against the owner.
Defenses to a Negligent Security
The law also allows the store owner to show that he or she didn’t create the hazard, and once they knew of the hazard, the set out to fix it in a reasonable time. So if the owner had a reasonable amount of security on, but you were assaulted anyway, then the owner might have a defense.
Call a Premises Liability Attorney Today
The best thing to do when injured in a commercial truck accident is to talk to Premises Liability Attorney. Even if you don’t hire one, you owe it to yourself to be advised of the law by an impartial professional. Then if you decide to get representation, then choose someone who is experienced and understands the law.
Call the Law Offices of Steers & Associates at 800 824 5416 or click here to contact us online. We have attorneys with years of experience dealing with every type of motor vehicle accident, and we get results against the insurance companies and their highly-paid lawyers. Call us now to even the playing field and get the compensation you deserve.