In California, property owners, business managers and landlords have a legal obligation to keep visitors on their property safe, including invited guests, licensees and even trespassers. If a property owner fails to provide basic security and a visitor is injured as a result, the owner may be held liable. This type of liability is referred to as negligent security.
When there is a negligent security claim, the security provider is usually the first person or entity to be investigated. Let’s say there were security guards, bouncers or even security cameras present at the time of the crime; a victim can argue that the provider failed to do its job of keeping them safe. On the other hand, if the property failed to have any security, the property owners may be completely liable. If the suspect of the crime is caught, the victim can also press charges against him or her.
In order to win a negligent security claim, a victim must be able to prove the following three things:
- That the property owner had a duty to provide basic security measures for the premises and for the victim. This can include anything from lighting and cameras to security guards and bouncers.
- That the property owner’s breach of duty resulted in the victim’s injuries.
- That the victim suffered damages as a result of the injury, such as medical bills, loss of wages and pain and suffering.
Negligent security cases can be highly complex because there are many liable parties and the property owners could potentially be victims too. If you would like to discuss your case, please contact our San Jose personal injury lawyers at Habbas & Associates. Our team can conduct a thorough review of your claim, determine if you have a strong case, and fight for a fair settlement on your behalf.
Call (888) 387-4053 or contact us online for a free consultation.