How to Win a Negligent Security Case

A security guard riding down an escalator

When you are a visitor on someone else’s property, you have the legal right to expect that they will provide you with adequate security for your own protection. When you are the victim of a criminal act on someone else’s property, you can file a lawsuit for negligent security. Our law firm can help you in an inadequate security case if you have been injured in an assault.

A negligent security case could pay you compensation if you were the victim of any of the following types of attacks on another’s property:

  • robbery 
  • sexual assault 
  • wrongful death 
  • physical assault 
  • carjacking

The Owner Must Keep Their Premises Safe

When you are a visitor on someone else’s property, they owe you certain duties. Otherwise, they can be held liable in a lawsuit. One of these duties is to provide you with safety and warn you of all hidden dangers.

In a negligent security case, the property owner is not automatically responsible for every single attack on their property. Instead, a court will look at several factors, including previous incidents in the area and the security that the establishment had in place at the time of the attack.

The usual facts that would lead to compensation in an inadequate security case are that the business was located in a higher crime area, and the business did not have protections such as security guards or adequate lighting. However, other facts could also lead to compensation.

The legal theory would be that the business has an obligation to step up their security once they know that their customers could be in danger. If you were the victim of a crime in a safer neighborhood without any prior incidents, it would be more difficult to receive compensation. 

What You Must Demonstrate to Win a Negligent Security Case

In order to win a negligent security lawsuit, you would need to prove the following:

  • You were invited to be on the property or had a legal right to be there at the time of the attack.
  • The property owner owed you a duty of care to ensure safe premises for you.
  • The owner did not provide you with reasonably safe premises.
  • The attack would not have happened if not for the owner’s failure to provide adequate security. 

Here, one of the key questions would be about what is reasonably safe. The property owner does not need to guarantee your absolute security, but it means that they need to do something to keep you safe, and having a security guard or two may not be enough. These cases require a very fact-intensive analysis, and this is why you need a Los Angeles personal injury lawyer on your side.

Contact a Los Angeles Personal Injury Lawyer

When a landlord or business owner has failed in their duty to keep you safe, contact the Los Angeles law firm of Jahrmarkt & Associates to learn more about your legal rights and whether you could be entitled to financial compensation. Call our office today at (310) 226-7676 or contact us online to schedule your free initial consultation.