Negligent security, sometimes referred to as "inadequate security," is an issue of premises liability. Our Los Angeles personal injury attorneys are prepared to assist those who have been injured or put in the way of danger due to a failed security. Property or premises owners are responsible for what takes place on their property. Some examples of premises owners that are responsible for the wellbeing of visitors on their property include landlords, recreational facility owners, operators of nursing homes and building managers. If you or someone you love has recently become the victim of criminal activity, this may actually prove to be an issue of negligent security.
When it comes to premises liability litigation, a plaintiff files a claim or lawsuit against the owner or operator of a property. The owner or operator is the defendant in these cases. There may be multiple defendants in these cases. For example, if an apartment renter was injured by a defect in their apartment, not only may the landlord be held liable, but in some cases the individuals responsible for the maintenance and care of those units may also be held responsible.
Since negligent security is an issue of premises liability, it is important to understand the framework for a successful premises liability claim. In order to file this type of case, you must be taking action against the correct individual or business. If the entity you are attempting to take action against does not actually own or operate the property, then the claim is not valid.
Secondly, the person injured on the property must have actually been allowed to be on the premises at the time the incident occurred. So if someone was trespassing on a property and then was injured, they would likely not be able to file a legitimate claim against the owner of the premises. In some cases, these claims may still be valid if there was not adequate posting that the property was to be trespassed on.
The third and arguably the most important aspect to any negligent security claim is proving negligence. Just because a person was injured while on someone else's property does not mean that they are automatically able to take action against the premises owner. Rather than in criminal cases that deal with guilt, civil cases such as this deal with negligence or carelessness. The defendant has the burden of proof which means that it is their job to prove that they did not act in a negligent manner.
Take the following example into consideration. Say the owner of a building was notified of a severe crack in the pavement leading up to their building. If they took the necessary actions to begin the repair in a timely manner, then ensuing injuries involving the cracked pavement may not be valid, since the business owner was doing everything possible to remediate the damage.
If a premises owner had a duty to provide security for their premises and that security failed to prevent danger that ultimately led to the injury of a premises invitee, then you may have a negligent security case on your hands. If you are looking for legal counsel or representation regarding negligent security, then please do not hesitate to contact The Law Offices of Gerald L. Marcus.
Our personal injury attorneys are experienced in these types of cases and will fight to get you the compensation that you deserve. We care about getting our clients justice. Don't hesitate to contact a Los Angeles negligent security lawyer from our firm today.