Property owners are expected to provide enough security to keep you safe when you are on the premises. There are many potential hazards that you can face, but there should also be enough security measures in place to help you avoid them. Failing to provide enough security, or failing to provide effective security, can open property owners up to lawsuits by victims.
If you were injured because of negligent security, you may be able to file a lawsuit against the property owner and seek compensation for your losses. An Oakland negligent security lawyer can review your case and explain your legal options. Call Ben Crump Law, PLLC at (800) 896-1221 for a free consultation.
Defining Negligent Security
Negligent security occurs when a property owner fails to provide effective security measures to prevent harm to anyone on their property. Security measures must create a reasonable expectation of safety in and around the property where the owner has control. The type of security depends on the location and the physical conditions present. However, there are general guidelines that property owners should follow, such as adequate lighting and recordable surveillance.
For example, a store with a large parking lot must have enough lighting in the parking lot to ensure that drivers do not run into hidden obstacles and shoppers do not fall. According to the National Safety Council (NSC), large parking lots are also considered to be the most vulnerable to crime. Some of the characteristics of a parking lot that make it more susceptible to crime include lack of fencing, multiple entrances for pedestrians, poor lighting, and lack of recordable surveillance.
Every property owner is responsible for providing security measures for their property. Failing to do so creates a liability problem.
For a free legal consultation with a negligent security lawyer serving Oakland, call (800) 896-1221
In most cases, the property owner will be held liable for any damages or injuries caused by negligent security. However, there are some circumstances where this may not be the case.
Property owners are not responsible for negligent security if someone is trespassing on their property. Because they are there illegally, they do not have a reasonable expectation of safety. Another example is when a crime occurs, but the property owner has adequate security systems in place. For example, if you are mugged in a parking lot that is well-lit and has working security cameras, the property owner would likely not be liable. With security measures in place, there is little else that the property owner could do to stop criminal activity.
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Negligent Security Process
When an incident occurs, there is a process to determine if negligent security is responsible. The first step is to contact the police. They will investigate the incident and file a report. In this report, the police will document any failures in security, which can be used to determine liability.
Once the police finish their investigation, you can hire an Oakland negligent security lawyer to build your case. Your lawyer will likely start with the police report but also investigate the area themselves looking for security concerns. Something as simple as lights that do not work or security cameras that are not plugged in can make the property owner liable.
Common Costs of Negligent Security
Negligent security cases can carry a sizable cost for victims and for property owners. Some of the most common costs include:
- Property damage: Criminal activity almost always results in property damage. Negligent security makes vandalism and destruction of private property more likely.
- Medical expenses: Whether it is through criminal activity or an accident, medical expenses are likely when there is inadequate security. Leaving a fence open or having lights that do not work makes it possible for victims to suffer injuries by running into unseen obstacles, tripping, or falling.
There are other possible expenses not covered on this list. If you were injured because of negligent security, you may be paying expenses that are not your fault. With the help of an Oakland negligent security lawyer, you can hold the property owner responsible and seek compensation for your expenses so your personal finances do not suffer. Call Ben Crump Law, PLLC today to learn more.
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Statute of Limitations
If you are planning to file a lawsuit, do so as soon as possible. Every state has its own statute of limitations, which sets the deadline for filing a lawsuit. According to California Courts, you have three years to file for property damages, and two years to file for injuries. It can take several months to research and build a case, so the sooner you can start, the better.
Your Legal Options for Recourse
If you are injured because of negligent security, you have several options. You can speak to the property owner directly and give them a chance to address the problem. If given this option, many owners may accept it rather than taking the risk of legal action. You will have to negotiate to see if you can reach an agreement that seems fair to both parties.
Your other option is to hire an Oakland negligent security lawyer and take legal action. A lawyer can also attempt to negotiate a settlement with the property owner. This is the most likely way that the case will end since most civil cases are settled out of court. Otherwise, your lawyer can file a lawsuit and take your case to court.
Regardless of which option you choose, the goal is to recover financial compensation to cover your medical expenses, property damages, and other costs. You should not have to suffer financial difficulties because a property owner was negligent.
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Filing a lawsuit is a complex process—but you do not have to go through it alone. By hiring a lawyer, you can protect yourself from long-term financial problems and have the monetary resources you need to make a full recovery.
An Oakland negligent security lawyer can explain all your legal options and help you fight for the compensation you deserve. Call Ben Crump Law, PLLC today at (800) 896-1221 to discuss your case with a member of our team.