Burbank Negligent Security Lawyer

You expect to be safe when you are on someone else’s property, whether it be a friend’s or a business’s, you expect to safe. While it is impossible to protect people from all potential hazards, business and property owners must take steps to keep you out of harm’s way. When a criminal’s actions harm you, though, you should investigate whether you have a potential negligent security lawsuit.

Negligent security claims always involve criminal behavior by a third party, so demonstrating a business or property owner’s carelessness can be difficult. Therefore, it is vital to connect with a hard-working personal injury attorney for these types of cases. A Burbank negligent security lawyer could help you explore your injuries and provide advice about potential claims.

Premises Liability and Negligent Security

California Civil Code § 1714 establishes negligent security as a subtype of premises liability. Premises liability holds property owners, property managers, or business owners responsible for accidents or injuries that occur on their premises. Determining liability requires understanding who had actual control over the property and whether they had notice of a potentially dangerous scenario. Even if they did not have noticed, they may be liable if they should have known about the potentially dangerous situation.

Duty of Care

Under the theory of premises liability, property owners have a duty of care to people who legally enter their home or business. This duty could look different depending on the type of guests. However, as long as the visitor is legally on the property, owners have a duty to keep them safe. Sometimes, the property owner will even have a duty to protect some categories of trespassers from obvious hazards on their property, such as children. Those exceptions generally apply to attractive nuisances like swimming pools, not to negligent security claims.

The negligent security subtype of a claim depends on the property owner failing to keep the property safe from third-party hazards. The property owner must be aware of the potential risk. Assessing their knowledge of the risk depends on several factors, such as:

• The type of business
• The surrounding area
• Any recent crime statistics
• The business location and hours

A Burbank attorney could examine those factors to determine what the property owner should have known about the security risk and was negligent.

Preventing Unlawful Acts on a Property

An effective way to prevent unlawful acts on a property is to include clear and identifiable security measures on the property. Some examples of clear and identifiable security measures include:

• Security fences
• Working cameras
• Adequate lighting
• Emergency callboxes
• Security guards

According to research, having those security devices in place can help reduce the incidence of violent criminal acts on the property. They lessen the incidence of assaults, sexual assaults, homicides, robberies, and more. It is essential to understand that even clear safety measures cannot prevent every criminal act. A Burbank lawyer could look at the security efforts to determine whether they may be liable due to negligence.

Holding Perpetrators Responsible for Criminal Acts

A negligent security claim is a third-party claim for injuries from a criminal act and is separate from a claim against the perpetrator, as an attorney in Burbank could explain. In a lawsuit against the criminal based on a theory of assault or similar criminal offense, the criminal may be 100 percent liable for the injuries. That liability does not impact whether a third party can be responsible for negligent security claims. Also, a criminal conviction will not reduce a property owner’s potential premises liability.

All property owners must protect their patrons and visitors from third-party criminal acts. Assessing whether they took sufficient steps to protect their visitors from harm involves looking at whether the criminal act was foreseeable.

Some types of attacks are common to certain businesses. For example, businesses that deal with cash may have a higher rate of criminal behavior. Banks, pawn shops, and even convenience stores are common targets.

Speak to a Burbank Attorney About Negligent Security Claims

The actions of a third party are always relevant in negligent security claims, making it challenging to establish property owner liability. However, just because a criminal caused your injuries does not mean that the property owner is not financially responsible for your injuries, as well. To learn more, schedule a consultation with a Burbank negligent security lawyer.