Hermosa Beach Negligent Security Lawyer

Hermosa Beach Negligent Security Attorney

When an individual lawfully enters a property, it is reasonable to assume that the property owner has an adequate safety and security system in place to prevent crime that can lead to assault and/or harm. However, if the right property security measures have not been implemented by the property owner and this leads to a crime resulting in an injury that could have been prevented, a Hermosa Beach negligent security lawyer can help. 

Negligent security is a form of premises liability that indicates a property owner has not enacted proper security protections in light of foreseeable risk. This can lead to serious personal injuries like assault or even catastrophic injuries. Negligent security cases can happen on both commercial and residential premises, and it doesn’t matter if the properties are privately or publicly owned.

One common example of negligent security is the absence of a functioning security system. While a security system might be in place, there is a possibility security cameras or other components could malfunction or break down. Malfunctioning or broken security cameras are not necessarily considered negligent by themselves, but if the property owner fails to fix them, then it could be considered negligence.

Additionally, if security personnel on the premises lack the necessary qualifications and training to properly diffuse a situation and secure an area, that may also be considered negligence on the part of the property owner. Negligent security attorneys can research and determine the expected security measures to help support your case.

Why You Should Choose McLachlan Law, APC 

Negligent security cases can be challenging to prove, which is why it is vital to your case’s success to seek an experienced attorney to fight for you. At McLachlan Law, APC, we have over 25 years of experience in civil litigation, serving a wide spectrum of cases. Our team is confident in our ability to learn our clients’ interests and pursue an ideal end while protecting their legal rights along the way. 

An assault attorney can provide viable and insightful instruction on the necessary steps of your claim, providing peace of mind while approaching a legal case. The lawyers at McLachlan Law, APC, have successfully guided hundreds of clients on their journey of litigation, offering effective and substantial legal counsel on cases similar to yours. With over $100 million in settlements and verdicts, McLachlan Law, APC is the right choice for your negligent security case.

What Is Negligent Security?

Negligent security is a form of premises liability involving a property that is not adequately secured by the owner, leading to a crime that causes an individual or multiple individuals harm. To prove negligent security, an individual must show that proper protective measures were not taken despite the owner having access to potential foreseeable harm situations.

Claims for negligent security are typically against a property owner if an individual has sustained a foreseeable injury due to poor security measures. In negligent security claims, the plaintiff must prove that their injuries and damages were caused by improper security and that the property owner should have been able to foresee the crime to enact proper protections. Poor security measures can look like the following: 

  • Lack of security guards and/or untrained and unqualified security guards
  • Missing or inadequate security lighting
  • Broken or malfunctioning gates, fences, and security cameras
  • No alarm systems
  • Malfunctioning alarm systems
  • No emergency protocol

Negligent security claims fall under the premises liability law, which governs personal injury claims that happen due to injury on property owned by individuals and organizations. Premises liability law helps to uphold local rules and regulations that property owners must adhere to in ensuring safe visits to and on their properties.

Negligent security cases happen frequently in high-traffic properties such as restaurants, gas stations, schools and universities, workplaces, hospitals, hotels, shopping centers, and more. High-traffic locations tend to run a higher risk of crime due to the number of individuals present and the accessibility to the public. No matter the location, reasonable security measures should be expected and anticipated by visitors.

What Is a Foreseeable Risk? 

Foreseeable risk can be hard to prove since an individual cannot predict the future. Still, due to crime trends, property owners have a duty and responsibility to understand security risks that they could be targeted with. Negligent security cases are dependent on whether a crime was foreseeable. A foreseeable risk can be determined by reviewing local crime rates and incidents to maintain awareness of what criminal situations are happening locally.

When owners identify potential risks from the crimes that are occurring locally, it is their responsibility to adjust safety protocols and protection measures. This process of adjusting safety measures due to local crime activity lessens the potential that the same criminal actions will occur on their property, and in the unfortunate case that it does, the owner can show that they did all that was within their control to set up security and promote safety on their land.

What Is Duty of Care in Negligent Security Cases?

Duty of care refers to a legal obligation that is imposed on an individual. In a negligent security case, a property owner has a duty of care for the safety of their property and the protection of individuals who are on their property. This does not mean any and every incident that happens on a property can be traced back to the owner, but there are situations where the negligence and non-adherence to standards by the owner lead directly to harmful incidents. 

Owners are responsible for adhering to local rules and regulations when managing their property, and they need to stay up to date on adjustments to these laws as well. Duty of care should be taken seriously by all property owners, especially those who house and host many individuals, as this can create greater safety liabilities.

Why Do I Need a Negligent Security Lawyer?

Negligent security lawyers provide essential assistance and representation for their clients who are victims of incidents and crimes on someone else’s property due to inadequate security measures. The support of an assault attorney and/or a personal injury attorney in these types of cases proves essential in the pursuit of full and robust compensation for injuries and damages. Here are some specific ways an attorney can offer support:

  • Case evaluation. With the understanding of local negligent security-related laws and regulations, an attorney from Hermosa Beach, CA can look over the case, get fully acquainted with the circumstances, and provide insight and advice on whether your claim is viable. Attorneys will determine if there is a proper reason to believe the negligence of security protocol and measures by the property owner impacted the incident leading to their client’s injury and/or damage.
  • Legal advice. If after the case evaluation, it is determined that the client has a viable negligent security case, the attorney will provide insightful legal advice throughout the length of the case. Attorneys will communicate about potential legal options to pursue, the merits of the case, and, in the end, what the likelihood of success is for this specific case.
  • Investigation. Attorneys will ensure a thorough and complete investigation takes place to gather evidence that supports their client’s claims. This evidence can include surveillance footage, witness statements, local crime statistics, and consulting with security experts who can testify about industry standards.
  • Documentation. Gathering and organizing all relevant documentation can be a tedious task as you are navigating the aftermath of a negligent security incident, which is why attorneys take care of this aspect. An attorney will ensure all medical records, police reports, and other evidence is accounted for. They will file the necessary legal documentation to initiate your claim, as well as ongoing filing if needed.
  • Representation and negotiation. In a legal claim, there are generally multiple back-and-forths in negotiating settlement compensation. An attorney will defend their client’s interests as they represent them in these negotiations. They will advocate for proper compensation for their client’s injuries, damages, and losses. If a settlement is not reached in negotiations, an attorney can represent their client before a judge in court.
  • Legal strategy and advocacy. From the first consultation until the end of the trial and settlement negotiations, an attorney acts as an ever-present support, advocate, and resource. As questions and concerns emerge during a case, an attorney is available to offer insight and experienced counsel. Attorneys will develop a legal strategy specific to their client’s unique circumstances, anticipating potential challenges and gaps from the beginning.

Utilizing the support of a negligent security lawyer in Hermosa Beach, California can significantly benefit legal cases by providing essential and experienced insight that leads to a smoother and more well-developed case. The goal of an experienced personal injury lawyer is to step into their clients’ lives and offer legal support, advocating continuously for their interests and the most desired results.

What Is the Negligent Security Law in California?

In California, negligent security laws typically revolve around the concept and umbrella of premises liability. This liability refers to the legal responsibility of property owners to maintain reasonably safe environments for individuals on their premises. In negligent security claims, the emphasis is on whether a property owner’s failure to meet and provide adequate security measures contributed to foreseeable harm or if it was purely an accident.

Here are several key points involved in negligent security laws in California:

  • Duty of care. Property owners have a legal duty of care to maintain their premises in a reasonably safe condition and standard. The duty includes the obligation to implement and upkeep reasonable security measures that protect visitors and occupants from foreseeable criminal acts.
  • Foreseeability. Foreseeability in negligent security refers to whether a crime could have been foreseen by the property owner. If a property owner is aware of previous acts in their area or on similar properties but has failed to take adequate precautions, they can be held liable.
  • Proximate cause. To establish a solid negligent security claim, there must be proof of a direct link (proximate cause) between the inadequate security measures and the harm suffered by the victim.
  • Standard of care. There is a standard of care that property owners are expected to adhere to. This standard can include security personnel, proper lighting, surveillance systems, and access control. Not only is the implementation of this standard necessary, but also the upkeep and maintenance of it as well.
  • Assumption of responsibility. Property owners who voluntarily assume the responsibility of providing security (such as by the hiring of a security guard) can be held to a higher standard, and their failures to fulfill this responsibility can lead to liability in court.
  • Comparative negligence. California follows a comparative negligence system that states if the injured party is found to have contributed to their own injuries to some extent, their compensation may be reduced in proportion to their degree of fault.
  • Statute of limitations. There is a timeframe in which a negligent security claim must be filed. In California, the statute of limitations for personal injury claims is generally two years from the date of the injury, with some exceptions.

California laws that impact negligent security cases can change frequently, and the intricacies of these laws and regulations should be monitored closely. If you have questions regarding California-specific laws, a personal injury attorney can help answer by providing up-to-date insight and accurate answers.

Contact McLachlan Law, APC Today 

If you have suffered injury or damages due to a negligent security incident, you do not need to proceed on your own. The attorneys at McLachlan Law, APC, are here to help. Our team will take time to understand your case and your desired outcome and work together to form a detailed plan of action. We are available to answer any questions you may have and provide ongoing support as you navigate your injuries and legal claim process.

At McLachlan Law, APC, we believe that the harm and damages you’ve sustained due to the negligent action and non-action of another party deserve a proper legal pursuit to seek full compensation. Reach out today for a consultation and let one of our Hermosa Beach negligent security lawyers support you during this time.

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