Hawthorne Negligent Security Lawyer
Hawthorne Negligent Security Attorney
It is of great importance, especially in today’s world, to ensure the security and safety of people in residential buildings and public places. Negligent security can expose people to accidents, crimes, and other situations that could be a danger to them, posing a threat to their well-being. An experienced Hawthorne negligent security lawyer has the skill to help those who were harmed in an incident due to negligent security.
With over twenty-five years of experience, our legal team at McLachlan Law, APC, is adept in all matters involving premises liability and personal injury litigation. We help our clients with their legal issues so that they can get justice and compensation for their damages. You can be confident in our ability to handle your case with the utmost care, ensuring all of your rights are protected, and your concerns are swiftly addressed.
Defining Negligent Security in California
Negligent security is a legal concept that is categorized as a form of premises liability, where it is the responsibility of property owners and managers to provide their visitors with a safe environment that is free of hazards. Breaching this duty of safety because of inadequate security standards can result in the harm or injury of others. An individual who is injured due to negligent security has the right to hold the responsible party accountable.
A negligent security case typically means there is some kind of accident or criminal act involved, such as a robbery, assault, or another violent crime that involves a third party. This incident could have likely been prevented if proper security measures were taken. Anyone can be a victim of a criminal incident or accident when there is no initiative taken by owners to ensure a property is safe for those who visit.
Negligent security is something that can occur on a variety of private and public properties and under many different circumstances. Places where crimes can occur due to negligent security include:
- Rental properties
- Retail stores and malls
- Office buildings
- School buildings
- Concert venues
- Hotels
- Hospitals
Everyone should be aware of the possible risks in these and other locations in Hawthorne, CA, and hold those responsible liable when there is a lapse in security.
How Negligent Security Can Affect You
Negligent security can pose a significant danger to people in various ways. Many can be left exposed to crimes such as assault, harassment, and theft. The effects can be psychological, emotional, or physical due to an accident or a crime that took place because of inadequate security. Some victims can have short-term effects or long-term effects from which they never recover.
The physical injuries and health problems a person can suffer because of dangerous situations that stem from negligent security are endless. Whether the injuries are due to a criminal attack or a common accident, improper security measures could be a contributing factor.
Aside from physical injuries, a victim of a negligent security crime may suffer psychological and emotional trauma because of an attack they endured. These victims can experience severe anxiety, especially in the place where the attack occurred, post-traumatic stress disorder, or even continued emotional distress. This can greatly affect a person’s quality of life and change the way they behave in their normal, everyday life.
Both physical and emotional harm sustained because of a negligent security accident or crime can greatly affect a person’s finances. Recovering from such a major ordeal can take time and, often, a lot of money. This is especially true if the individual suffered serious damages as a result of the incident, such as a temporary or permanent disability.
When you are a victim of a crime potentially due to security negligence, the legal implications can be somewhat complex. This is why it is important to be aware of and understand your safety rights on public and private property. If a property owner does not take the proper measures to ensure your safety, you may be able to seek compensation in the event that you are harmed because of their negligence.
Common Examples of Negligent Security
There are several ways negligent security can be exhibited on a property, putting the safety of all those on the premises at risk, whether it is a public or private setting. It is the responsibility of the property owner or manager to make sure visitors are safe at all times. Here are common examples of how negligent security can manifest:
- Lack of Security System
The absence of an adequate security system can put an entire property, and the people present at risk. When a security system is nonexistent, not up to date, or not operating the way it should, the probability of a crime occurring increases. Criminals may see the property and those inside as easy targets and believe a crime would likely be undetected. This could also result in slow response times from security on the premises and law enforcement.
- Insufficient Lighting
Having sufficient lighting is a crucial part of ensuring the safety of others. When a building or an area is not properly lit, it can leave open the possibility of there being a slip and fall accident or some kind of criminal activity. Poor lighting would also make it fairly difficult for security cameras to capture any kind of activity. If a property owner or manager does not replace light bulbs that illuminate a dark area or fails to have lights installed, this could be seen as negligence.
- Untrained Security or No Security
Security guards tend to be necessary for many public properties. It is not difficult for a crime to occur and for someone to be harmed when there is either no security or the security is not properly trained. Security guards who do not have the proper training may not recognize when there is a threat, may not respond to the threat in the correct way, or may not take appropriate precautions. This can be a form of negligent security
- Inadequate Locks
Failing to properly keep an eye on security cameras or respond when an alarm goes off can leave a property exposed to a potential crime. Negligence like this not only compromises the security of the property but also the safety of those who occupy it. As a result, violent crimes can occur when proper security monitoring could have stopped or, at the very least, mitigated the crimes. When individuals can identify and understand these examples of negligent security, they can recognize the potential threats to their safety. Those responsible for the property can be held accountable for not providing a safe environment.
Establishing Liability in Your Negligent Security Claim
It is crucial in any negligent security claim to prove liability and show that the owner or manager of the property failed to put reasonable security measures in place. In order to effectively establish liability, you must demonstrate the following:
- The security measures established by the owner at the time of the plaintiff’s harassment or assault were indeed present, functional, or adequate.
- Prior infractions made such criminal activity like the victim endured fairly predictable.
- The property owner had any indication that a visitor was subject to a developing or active crime and failed to warn or contact law enforcement.
- The owner is liable for the harmful acts, and if so, to what level of responsibility based on the above.
The perpetrator can face legal proceedings in criminal court and may if they are identified and found. If proven guilty, they may be subject to penalties such as fines and incarceration, depending on the specific crimes and inflicted damages. Contrastingly, the owner of the premises won’t face jail time and likely will be ordered by the court to contribute to your awarded compensation instead.
There is no requirement that you need to wait for the criminal case to begin, end, or happen at all in order to pursue legal action for inadequate security by the property owner. However, the conviction of the offender could help strengthen your civil case against all liable parties.
How Long After My Injury Can I File a Claim?
Cases of injury as a result of negligent security have the same statute of limitations as other kinds of personal injury claims: two years from the event. Some exceptions may apply, such as if the victim was a minor during the event, if the negligent owner is missing/incarcerated, or if there is a reasonable delay in injury discovery.
A personal injury lawyer can help determine if you still qualify if the statute of limitations in your situation has already passed. It’s wise to begin your case with a skilled negligent Hawthorne security attorney as soon as you can. Having ample time to build a strong case improves your chances of success in legal proceedings.
How a Hawthorne Negligent Security Lawyer Assists You
In a personal injury case of negligent security, your lawyer represents you and argues on your behalf in a court of law. In legal proceedings, they will mainly be prosecuting the defendant and providing evidence of the damages you suffered as a result of their negligence.
Prior to appearing in court, your negligent security lawyer will conduct a thorough investigation of the details of your case, including the premises in which you were harmed and the level or lack of security measures present at the time of the criminal activity. How your attorney will carry out determining the effectiveness of the property’s security can vary, but what ultimately matters is that their findings lead to convincing evidence whether:
- Duty of Care – The property owner or manager had a duty of care to provide you with a safe environment. This would typically apply if you are a customer, an invited guest, an employee, or a tenant when on the property.
- Breach of Duty – The duty of care was breached by the owner or manager because they failed to maintain or implement proper security measures. This could include having poor lighting, lacking security staff, broken locks, or a surveillance system that is not functioning as it should.
- Foreseeability – The crime or incident that caused your injury was foreseeable due to factors such as the location of the property, the rate of criminal activity in the area, or anything else that is relevant. You may have to do research on crime in the area or get the testimony of someone who is familiar with the topic, but you must show that the owner or manager should have predicted the potential risk and taken action to avoid it.
- Causation – Your injuries were directly caused by the incident that occurred because the property owner or manager was negligent in their safety measures. This may be difficult to prove. You have to show that you were harmed because of inadequate, or a lack of, security, and if there had been proper security in place, you would not have been harmed.
- Damages – Show that you have damages because of negligent security. You should keep documentation of all financial, physical, and emotional damages suffered. This might include medical expenses, pain and suffering, lost wages, and any other losses related to the incident.
You can build a strong and compelling negligent security claim by collecting sufficient evidence to prove each of these elements and support your claim. By consulting with a Hawthorne Negligent Security Lawyer who is familiar with negligent security, you can ensure that you successfully prove liability and increase your chances of recovering the compensation you deserve.
Potential Compensation You Can Receive
Filing a claim for security negligence can yield great rewards. Compensation for people who were victims in a negligent security case can consist of economic damages and non-economic damages. The potential to receive economic damages is typically greater than that of non-economic damages because it is a more objective form of compensation. Many factors of your case will also play a role in determining the compensation you may receive.
Economic damages you can potentially recover include medical expenses, loss of income or earning capacity, property damage expenses, and any other related expenses. This could also include future medical costs if you sustained lifelong injuries. These injuries could require expenses to make accommodations in your life, such as modifications to your vehicle or home, purchasing medical equipment, or paying for rehabilitation.
Non-economic damages might include compensation for pain and suffering, emotional trauma, or changes to your quality of life. There is no guarantee that you will receive this form of compensation in a settlement or judgment because these are essentially intangible damages, but they are just as important. Your lawyer can calculate the non-economic damages you are entitled to and help you make a strong case for why you should receive payment for those damages.
How a Lawyer Can Help With Your Negligent Security Claim
When you are pursuing a negligent security claim, it can be significantly more beneficial going through the process with a knowledgeable lawyer by your side than without one. In general, working with a lawyer is essential to make sure you understand your rights, as well as the laws applicable to your claim.
From assessing your case to helping you gather the necessary evidence to negotiating settlements, a lawyer can be a great source of support. Your Negligent Security Lawyer at Hawthorne, CA can build you a strong case with the evidence collected and advocate for your right to fair compensation. In the event that a settlement cannot be reached, your lawyer can help you with what comes next. In many cases, the next step is litigation. This is where your lawyer can further argue your case in court.
One of the biggest benefits of having the help of a lawyer is being able to focus on your recovery while they handle legal paperwork, procedures, and all other complex aspects of your claim on your behalf. In turn, your chances of achieving success with your case and receiving the compensation you deserve increase. A skilled lawyer can help you do all the right things to maximize your compensation and give you helpful legal advice when making decisions.
Schedule a Consultation With McLachlan Law, APC
Negligent security can have consequences that affect victims and their families for a long time. If you or someone you love has been harmed because proper security measures were not taken on a property, contact McLachlan Law, APC, as soon as possible. Our dedicated team can give you the resources to ensure the responsible party is held responsible and help you get proper compensation for the damages you suffered. You do not have to handle this process all on your own.
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What Our Client Say About Us
"Attorney Mike McLachlan, did such an awesome job for me and I feel like anyone who has Mr McLachlan representing them is completely in capable hands as well as fortunate. Between his knowledge, compassion for the law, he takes his time and listens to your concerns and answers all questions thoroughly (Even the ones you ask three times, with patience!) returns phone calls or emails on a timely manner as well. Mr McLachlan and his team was always there for me at every step during this long process."
--Debbie