If you sustained harm due to a crime on someone else’s property, whether it be an assault, robbery, or other violent incident, you may be wondering whether the property owner can be held responsible. In California, property owners have a legal duty to take reasonable steps to keep visitors safe, so you may be able to file a claim based on negligent security, depending on the circumstances. Continue reading for more information and work with an experienced Contra Costa County injury lawyer today.
What is Negligent Security?
Negligent security is a legal concept based on the premise that property owners or landlords have a duty of care to protect people who legally enter their property from foreseeable criminal acts. When a property owner fails to take reasonable security measures to prevent harm, and an individual is injured or harmed by a third-party crime, the property owner may be held liable for the resulting damages.
For example, consider a large apartment complex where the parking garage gate has been broken for three months, and there have been several reported car break-ins and assaults in the garage over the past year. If a resident is violently robbed in that garage because the broken gate allowed easy access to criminals, it could be considered negligent security.
Can I File a Claim Based on Negligent Security in CA?
Yes, if you were harmed due to negligent security on another person’s property, you may be able to file a claim based on negligent security. To be successful, you need to establish the following elements:
- Duty of care: First, you must establish that the property owner owed you a duty of care. This is generally true for legal visitors, such as tenants, customers, or guests. The extent of this duty depends on the nature of the property and the foreseeability of the crime.
- Breach of duty: You must show that the owner breached that duty of care by failing to provide reasonable security measures. This often relies on whether the crime was foreseeable, meaning the owner knew or should have known about a risk based on prior crimes in the area or on the property, but failed to act.
- Causation: You also need to prove causation, demonstrating that the property owner’s negligence directly led to your injury. For example, if a properly functioning gate could have prevented unauthorized access, you could argue that the broken gate caused the incident.
- Damages: Finally, you must prove damages, which include the physical, emotional, and financial losses you suffered as a direct result of the crime. An experienced attorney can help gather the necessary evidence to establish these elements and build a strong claim.
If you sustained injuries or other damages due to the negligent security of a property owner, it is crucial that you protect your right to compensation. Reach out to a skilled attorney today for more information.
