Everyone has a right to a reasonable expectation of safety and security, whether they are on their own property or someone else’s. If you or your loved one suffered an assault, rape, robbery, or another type of injury because a property owner failed to enact proper security measures in San Diego, that property owner could be legally responsible for your suffering.
You may be entitled to receive financial compensation for your losses resulting from negligent security practices. At Ben Crump Law, PLLC, a San Diego negligent security lawyer may be able to help you through this difficult time. Reach out to our team for a free consultation on your legal options by calling (800) 896-1221.
Negligent Security and Premises Liability Law
Negligent security claims are based on premises liability law. Premises liability refers to the responsibility that all property owners have to take reasonable actions to prevent harm from occurring to other people who come onto their property.
The California Civil Code (CIV) §1714 states: “Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” Essentially, this law means that whether an injury occurred by their intention or their carelessness, property owners are responsible for injuries that occur on their property, if they fail to take reasonable actions to prevent them.
In many cases, premises liability law is applied to injuries from accidents, such as a slip, trip, or fall. However, this statute can also apply to criminal acts like murder, assault, battery, rape, and robbery. If the property owner was aware of the crime rate in the area or of previous crimes in the vicinity and failed to enact reasonable security measures, then you may be able to hold the property owner liable for your injury due to their negligent security.
Some examples of negligent security practices include:
- Failure to provide lighting in dark areas
- Failure to hire security guards, or hiring improperly qualified or improperly trained security guards
- Failure to provide emergency exits or fire escapes
- Failure to install an alarm system
- Failure to install security cameras
- Failure to provide locks or working locks on doors, gates, windows, etc.
When a property owner fails to take reasonable security measures and you suffer an injury as a result, you have the legal right to hold them liable—or financially responsible—for your losses. You may be able to do this either by filing an insurance claim or pursuing a personal injury lawsuit in civil court. If your family member died, you could be able to pursue a wrongful death lawsuit.If you believe you may have a negligent security case in San Diego, a San Diego negligent security lawyer at Ben Crump Law, PLLC, may be able to help you. Our legal team may listen to your concerns, advise you of your legal options, gather evidence of liability, and pursue compensation on your behalf. Contact us to get started on your case.
For a free legal consultation with a negligent security lawyer serving San Diego, call 800-896-1221
Recoverable Damages for a Negligent Security Case
While your negligent security injury may involve a criminal act, holding a property owner responsible for your injury due to their lack of security measures is not a criminal proceeding. The purpose of this type of personal injury lawsuit is to recover financial compensation for your suffering. You deserve to receive payment when someone else is responsible for causing you harm.
The exact amount and types of financial compensation, called damages, that you may be able to recover will depend on the specifics of your situation. However, you can sue for both economic and non-economic damages. Economic damages refer to your direct, out-of-pocket expenses, such as medical bills, funeral costs, and loss of income due to your injury. Non-economic damages are your less-quantifiable losses, such as pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life.
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The Statute of Limitations Can Affect Your Case
If you want to pursue a personal injury or wrongful death lawsuit for negligent security, you may want to hire a negligent security lawyer as soon as possible to make sure you do not lose your right to do so. The California statute of limitations for such cases is two years, according to California Code of Civil Procedure (CCP) §335.1, which means that if you do not file your case within two years from the date the injury or death occurred, you may lose your legal right to recover compensation. There can be rare exceptions to this rule, so you can always consult with a legal professional anyway to make sure you know your legal options.
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Ben Crump Law, PLLC, May Be Able to Assist You
Negligent security cases can be challenging to prove, but the legal team at Ben Crump Law, PLLC, is dedicated to helping victims receive the compensation they deserve. We do not shy away from tough cases. To assist you with your negligent security case, your San Diego negligent security lawyer could gather evidence like:
- Records of previous crime in the area, to show that your injury was foreseeable and the property owner should have enacted security measures
- Witness statements, photos, and video footage to corroborate the property owner’s negligence
- Your medical records and the police report of your injury, to show that you suffered real losses because of the property owner’s lack of security
Additionally, we will aim to manage all the paperwork and communication necessary for your case, make sure your case gets filed on time, and firmly pursue a full and fair settlement for all your losses, whether that means negotiating with insurance providers, negotiating a settlement outside of court, or representing you in court.
We offer a free consultation at no obligation, and we work on contingency, so you have nothing to lose by reaching out to us. You will never owe us any fees unless we can earn a financial award for you. Contact our Ben Crump Law, PLLC, legal team at any time by calling (800) 896-1221 to get started on recovering the compensation you deserve.
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