Property owners and businesses usually have a responsibility to maintain their premises in a reasonably safe condition. In some situations, that responsibility may extend beyond repairing physical hazards such as broken stairs or wet floors. Owners may also need to take reasonable precautions against foreseeable criminal activity that could place tenants, customers, guests, or visitors at risk. Negligent security cases rely on specific facts and evidence. An assault or other crime occurring on someone else's property does not automatically mean that the property owner is legally responsible. Instead, questions may include whether the criminal conduct could have been prevented, what security measures were appropriate, and whether a failure to take reasonable precautions contributed to the injury.
Understanding Negligence
Negligent security usually refers to a type of premises liability claim involving allegations that a property owner, landlord, business, or another party responsible for the premises failed to take reasonable security measures against criminal conduct. California law recognizes that a business owner or landlord may have a duty to take reasonable steps to protect patrons, guests, or tenants from criminal conduct when that conduct can reasonably be anticipated. The adequacy of the security measures depends on the circumstances surrounding the property and the specific risk involved. Examples of locations where negligent security issues may arise include:
- Apartment complexes and condominiums
- Shopping centers and retail stores
- Hotels and motels
- Parking lots and parking structures
- Restaurants, bars, and entertainment venues
- Office buildings
- Hospitals and healthcare facilities
- College or university properties
Types of Inadequate Security
Security needs may be different depending on the property. Measures that may be reasonable for one location may not be necessary or appropriate for another. Potential security concerns may include the following.
- Broken locks on doors or gates
- Malfunctioning security systems
- Inadequate lighting
- Unsecured entrances
- Failure to respond appropriately to known security problems
If the property manager knows about a problem but fails to address it within a reasonable period, the condition could become dangerous and cause significant harm.
Maintaining Evidence: Premises Liability
California premises liability usually applies ordinary negligence principles. A person bringing a premises liability claim must establish that the defendant owned, leased, occupied, or controlled the property and was negligent in its use or maintenance. Relevant evidence may include, but is not limited to, the following.
- Reports of prior crimes or disturbances
- Complaints made by tenants or customers
- Police reports or calls for service
- Surveillance footage
- Security logs and incident reports
- Maintenance records involving locks, gates, or lighting
- Emails or written complaints concerning security problems
- Witness statements
- Photographs or video of the premises
The available evidence and surrounding circumstances can be significantly different from one case to another.
Types of Injuries
Negligent security claims can arise from robberies, assaults, shootings, sexual assaults, attacks in parking facilities, and other criminal conduct. Depending on the incident, an injured person may experience the following.
- Fractures
- Head injuries
- Lacerations
- Spinal injuries
- Other types of physical harm
It is important to note that some incidents may also produce significant emotional or psychological effects. Medical documentation can be important when evaluating the nature and extent of injuries associated with an accident. Individuals who have been injured should consider seeking appropriate medical attention and maintaining records relating to their treatment.
Who is Liable?
Depending on the circumstances, potentially responsible parties may include but are not limited to the following individuals.
- A property owner
- Landlord
- Property management company
- Commercial tenant
- Business operator
- Another party responsible for maintaining or securing the premises.
Determining which party controlled the area where an accident happened is often an important part of evaluating a premises liability matter.
Necessary Steps following an Accident
The following steps may be important after a security-related accident. These may include but are not limited to:
- Seeking medical care as soon as possible
- Reporting the incident to law enforcement and property management
- Preserving important and available pieces of information about the scene (photographs of damaged locks or broken gates)
Legal Guidance for Negligent Security Claims
Dealing with an accident caused by negligent security guards may be difficult to understand on your own. Oftentimes, these types of accidents may cause various difficulties, leaving victims and their loved ones fearful of the future. Speaking with a legal professional may minimize those additional challenges and help you throughout the legal process.
How KAASS LAW Can Help
Our qualified personal injury attorneys from KAASS LAW understand the challenges victims may face when dealing with negligent security personnel. Often, these individuals are meant to protect the general public from additional harm. When the safety of individuals is not a top priority, it may cause serious harm. That is why KAASS LAW is here to help. Call KAASS LAW today for a confidential consultation and to learn more about your rights moving forward.