If a business invites you onto their property, it’s logical to assume they’ve take serious steps to ensure your safety while you’re there. But that isn’t always the case. You may discover the hard way that there’s insufficient security in place, or no security at all. The inaction or negligent actions of those you’ve trusted your safety to may result in painful injury, even death, for you or a loved one. If you have a negligent security case, Russell & Lazarus APC may be able to help. Call us at (949) 851-0222 for a consultation.
What Is Negligent Security?
Negligent security cases arise when third-part criminal activity takes place at the business you’re visiting, causing you personal injury. Negligent security can also result in robbery, assault, battery, rape — even manslaughter or murder. Legally, the owner or operator of the property is liable due to their failure to provide enough security to protect you and other visitors. If they stinted on protective security, you can seek redress via a personal injury lawsuit.
When Should I Sue for Negligent Security?
If you are on a property or in a facility which you’ve been led to believe is safe, and you are injured or suffer loss due to someone else’s criminal act, you can file negligent security cases against the owner, operator, or manager if, and only if, you believe their negligence is to blame. You’ll need a good premises liability lawyer to walk you through this civil court process to be sure.
Here’s a classic example: you’re staying at a hotel, and you go out to dinner, and someone robs your room while you’re away. You may have a negligent security case.
Other examples can include:
- Assault and battery, sexual or otherwise, in a nightclub or casino.
- Assault or rape at an unguarded or poorly-guarded storage facility.
- Armed robbery while patronizing a business.
- A nightclub shooting.
- A mugging or attack in an amusement park.
- Injuries sustained in a store or shopping mall due to criminal attack.
- Injuries or sexual assault sustained in an office building.
- Wrongful death or injury at a sports stadium.
- Bar fights, including injuries caused by bouncers and trespassers.
The severity of negligent security cases increases significantly if the owner or operator knew of the threat to those on his or her property, but still failed to provide enough security to keep everyone safe.
Note: Typically, you would file negligent security cases against businesses rather than against private citizens who allow or invite you into their homes.
If the Police Arrested the Person Who Injured Me, Can I Still Sue?
You can and should. The city, county, or state will probably throw the book at the perpetrator, but criminal punishment is only part of the story. You may or may not be able to sue the perpetrator in civil court for the damage they caused you; in fact, it may not be worth the effort if they end up in jail and can’t pay anyway. Even if the perpetrator remains in lockup for years, the people who allowed them to hurt you or a loved one still deserve punishment to the full extent of the law, especially in the case of rape or homicide.
You may also need monetary assistance to cover the injuries and damage they caused, including compensation for:
- Funeral and cremation costs.
- Lost income, especially if the damage is permanent or your family lost its primary breadwinner.
- Medical bills.
- Physical therapy.
- Damaged or stolen property.
- Physical pain and suffering.
- Mental anguish.
If a criminal has upset or completely changed your life due to their illegal actions, you deserve justice and recompense. Criminal punishment of the perpetrator by the police and courts is only part of this process. You also need a firm advocate to stand at your side to ensure that you get everything you have a right to from the people whose negligence allow the criminal to hurt you in the first place.
Learn More About Orange County Negligent Security Cases
If someone has injured you in a place of business, call Russell & Lazarus APC today at (949) 851-0222. We can help you understand what you need to prove in a negligent security case, and how you can receive compensation for your losses.